SHIJITH Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, who is an Ex-Serviceman is aggrieved by the refusal on the part of the respondents to select and appoint him as Sub Inspector of Police in the Central Industrial Security Force (CISF) despite possession of qualifications as prescribed in the notification.

(2.) Petitioner was discharged from Indian Army on completion of 18 years of service, on 1/6/2012. He is an Ex-Serviceman with an Army Graduation Certificate Ext.P1, issued on 31/5/2012. Pursuant to Ext.P3 notification issued by the Staff Selection Commission on 28/3/2015, petitioner submitted application for appointment to the post of Sub Inspector in CISF which comes under the Central Armed Police Forces (CAPFs). Ext.P3 was a notice for recruitment of Sub Inspectors in Delhi Police and CAPFs and Assistant Sub-Inspector in CISF. The post of Sub Inspector in CAPFs was notified as one classified as Group B non Gazetted, non ministerial with pay scale of Rs.9300.0034800 in Pay Band 2 with grade pay of Rs.4200.00. ASI in CISF was classified as Group C with pay scale of Rs.5200.0020200 in PB-2 with grade pay of Rs.2800.00. Number of vacancies of SI in CISF reserved for Ex-Servicemen was notified as 54 and of ASIs as 110. It was specified that age relaxation would be available to candidates which included Ex-Serviceman also. Note V of paragraph 4B in Ext.P3 reads as follows: NOTE V: A matriculate Ex-Serviceman (which term includes an Ex-Serviceman, who has obtained the Indian Army Special Certificate of education or corresponding certificate in the Navy or the Air Force), who has put in not less than 15 years of service as on closing date with Armed Forces of the Union shall be considered eligible for appointment to the posts being advertised through this examination. Thus, those nongraduate ex-servicemen who have not completed 15 years of service as on the last date for receipt of applications as stated in Note-III under para 4(B) are not eligible.

(3.) As per Note V of paragraph 4B of Ext.P3, petitioner who was having Ext.P1 Army Graduation Certificate was duly qualified for appointment of SI and for all posts notified in Ext.P3 notice. On being successful in both the examinations conducted on 21/6/2015 and 30/8/2015, petitioner received call letter to appear for certificate verification. When he reported for the same he was told that he was not eligible for appointment as SI and that his candidature can be considered only for the post of ASI. With much objection, he appeared for the interview and thereafter he was appointed as ASI in CISF as per Ext.P5 order on 30/8/2016. After undergoing training, he joined as ASI on 9/3/2017. The petitioner points out that during the training period, he came to know that several of the persons who were undergoing training for the post of SIs were having only Army Graduate Certificate. It was pointed out that one Sri.Pankaj Kumar, serial no.2 in Ext.P6 list of Ex-servicemen appointed as SI, was having only the Army Graduate Certificate, as evident from his qualification mentioned therein. The petitioner also pointed out that 17 such candidates have been appointed as SI on the basis of their Army Graduate Certificate in the previous selection conducted pursuant to Ext.P7 notification of 2014. It was stated that M/s.Amit Agrawal and Jagath Raj, who were serial No.2 and 6 in Ext.P8 list therein got appointment as SI though they were also having only Army Graduation Certificates. This Writ Petition is filed in the above background seeking a declaration that petitioner is eligible for appointment as SI as per Ext.P3 notification based on Ext.P1 certificate.