CHAUDHARY VISHNUKUMAR KHODA- BHAI Vs. CHIEF SECURITY COMMISSIONER

JUDGEMENT

(1.) THE petitioners in this group of petitions challenge the action of the respondent -Western Railways in cancelling the recruitment of the petitioners as constables in Railway Protection Special Force.

(2.) ON 24th February, 2006, the Western Railways gave a public advertisement inviting applications for recruitment for 202 posts of constables in Railway Protection Force/Railway Protection Special Force from amongst the eligible candidates belonging to Other Backward Classes and Ex -servicemen of the Gujarat State and Union Territories of Daman, Diu, Dadra and Nagar Haveli. The said public notice also provided that the candidates must be of other backward classes specified in Resolutions dated 13th September, 1993 and 20th October, 1994 issued by the Government of India in its Ministry of Welfare. In answer to the said public notice, the petitioners applied for recruitment as constables. Pursuant to their applications, the petitioners were called to attend the selection procedure. After undergoing rigorous selection procedure, the petitioners were selected. Under communication dated 10th July, 2006 the petitioners were informed that, ..You have been provisionally selected for the post of constable in RPSF subject to medical fitness in Bee -One category after necessary medical examination by the Railway Doctor. Y ou will have no claim to enlistment on the basis of this offer if you are not found medically fit. They were instructed to appear before the railway doctor for medical examination. After successfully undergoing medical examination, under communication dated 18th September, 2006, the petitioners were informed that they were selected for appointment as constable in Railway Protection Special Force on conditions, inter alia, that they were required to undergo initial training at R.P.F. Training Centre, N.E. Railways, Gorakhpur (U.P.) for a period of nine months; on successful completion of initial training they would be appointed as constable in the Railway Protection Special Force; the date of appointment would be the date from which they would be posted against the working post; during initial training they would be eligible to draw stipend only.

(3.) IT is the case of the petitioners that they had successfully completed the initial training as required and that they were given regular posting. Thereafter, under communication dated 14th November, 2007 they were called upon to proceed on leave. During the period of leave, by order dated 17th November, 2007, their recruitment as constable in Railway Protection Special Force was cancelled. They were informed that the caste certificate submitted by them were verified by the local authority. The local authority had opined that their community was not as other backward class recognized for the purpose of employment under Central Government. Feeling aggrieved, the petitioners have preferred the present petitions.