BYJU K C S/O K C PARVATHY KUTTY Vs. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF DEFENCE NEW DELHI

JUDGEMENT

(1.) THE petitioner applied for the post Airman in the Indian Air Force pursuant to Ext.P1 notification inviting applications. THE petitioner passed the written test, physical fitness test and interview. THE petitioner was also declared medically fit by Ext.P2. Despite the same, the petitioner was not included in the list of successful candidates. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief;

(2.) A counter affidavit and an affidavit have been filed by the 1st respondent, wherein the stand taken is that although the petitioner passed all the tests like 415 other applicants, since there were only 192 vacancies, the petitioner could not be included in the list. According to them, they prepared a main list containing 192 persons and a wait list containing 66 persons. The last person included in the wait list had scored 42% marks and the petitioner obtained less than 42% marks. It is under the above circumstances, the petitioner could not be included in the two rank lists prepared is the contention raised.