CHAUDHARY POPATBHAI PREMJIBHAI Vs. CHIEF SECURITY COMMISSIONER

JUDGEMENT

(1.) THE petitioner in the present writ petition challenges the action of the respondent -Western Railways in cancelling the selection of the petitioner for appointment as Constable in the Railway Protection Special Force.

(2.) ON 24th February, 2006, the Western Railways gave a public advertisement inviting applications for appointment on 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 in the Gujarat State and Union Territories of Daman, Diu, Dadra and Nagar Haveli. Out of the said 202 vacancies advertised, 42 vacancies were reserved for Ex -servicemen. Forty two vacancies reserved for ex -servicemen were distributed amongst the unreserved categories; other backward classes; scheduled castes and scheduled tribe candidates. 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 petitioner applied for appointment as constable. He also produced certificate issued by the concerned mamlatdar certifying that the applicant belonged to Anjana Chaudhary community which was recognized as backward class under the above referred Resolutions dated 13th September, 1993 and 20th October, 1994. The petitioner under -went the selection procedure and was selected for appointment as constable. Pursuant to his selection, under communication dated 10th July, 2006, the petitioner was instructed to report for medical examination by the railway doctor. After being found medically fit, under communication dated 18th September, 2006, the petitioner was informed that he was selected for appointment as constable in Railway Protection Special Force on the terms and conditions, inter alia, that he would be required to undergo initial training at R.P.F. Training Centre, N.E. Railways, Gorakhpur for a period of nine months; on successful completion of training he would be appointed as constable in Railway Protection Special Force; the date of appointment would be the date from which he would be posted against the working post; during initial training, he would be eligible to draw stipend only. Thus, the petitioner would become eligible for appointment as constable only after successful completion of training. There is nothing on the record to suggest that the petitioner had successfully completed the initial training and that he was appointed as constable in the regular pay -scale. While under training, under communication dated 17th November, 2007, the petitioner was informed that the caste certificate submitted by him had been verified by the local authority and had opined that it was not recognized for the purpose of employment under Central Government. In that view of the matter, his recruitment as constable in Railway Protection Special Force was cancelled. Feeling aggrieved, the petitioner has preferred the present petition.

(3.) LEARNED advocate Mr. Shah has appeared for the petitioner. He has challenged the above referred Order dated 17th November, 2007 on several grounds. He, however, does not dispute that the petitioner did belong to Anjana Chaudhary community of Mehsana District. He also admits that the said community is not specified as other backward class under the above referred Resolutions dated 13th September, 1993 and 20th October, 1994.