NEERAJ YADAV Vs. AIRPORTS AUTHORITY OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction declaring that the exclusion of the petitioner from the select list of recruitment for the post of Junior Assistant (Fire Service) held by respondent pursuant to Advertisement No.02/2016, is arbitrary, unlawful and violates the fundamental rights of the petitioner under Article 14, 19(1)(g) and 21 of the Constitution of India. Consequently, commanding the respondent to include the petitioner's name in the select list.

(2.) The brief facts of the case are that in August 2016, the Respondent issued Advertisement No. 02/2016 for recruitment to the post of Junior Assistant (Fire Service). 59 vacancies were advertised for general candidates, 12 for Scheduled Castes, 16 for Scheduled Tribes and 19 for OBC's (total 105 vacancies). As per the advertisement, the applicants would have to first appear for online exam, followed by physical measurement, and subject to passing these two, appear for driving test and then if successful in driving test, appear for physical endurance test. The educational qualifications as provided in the advertisement are as below:

(3.) The petitioner qualifies under the second part of the educational qualifications prescribed, i.e. 12th Pass (Regular Study) with 50% marks. The petitioner has passed 10+2 Board exam conducted by the CBSE in the year 2011, with subjects of English, Economics, Business Studies, Accountancy, Physical Education and Mathematics. The marks statement issued by the Central Board of School Education for the Senior School Certificate Examination 2011 dated 23.05.2011, is Annexure P-2.