R THIAGARAJAN Vs. UNION OF INDIA

JUDGEMENT

(1.) 1. The writ petition is filed against the order of the second respondent dated 01.03.2010 in his proceedings No.E.38023/4, Bn.NDRF(A) Adm.I/2010/1693 and to quash the same in so far as the petitioner is concerned as illegal, arbitrary, against the principles of natural justice and unsustainable in law and to further direct the respondents to accept the petitioner's application dated 26.01.2010 and to permit the petitioner to participate in the physical efficiency test and written examination to be held in this regard.

(2.) THE petitioner is presently working as Constable/GD in the Central Industrial Security Force (hereinafter, shortly referred to as CISF) at Arakkonam, under the control of the 4th respondent/the Deputy Inspector of General. THE third respondent/the Deputy Inspector General(Personnel) CISF has by his notification dated 18.01.2010 invited applications from eligible departmental candidates for filling up 576 vacancies of Sub-Inspector(Executive) in CISF through Limited Department Competitive Examination during 2010. THE notification was according to the petitioner, duly circulated to all Coy Commanders and is affixed on the notice board thereby the contents of the notification is brought to the notice of all eligible personnel as required under Clause-10(a) of the recruitment notification dated 18.01.2010, so as to enable all the eligible personnel of the respective Units to apply for the post within the time specified therein. THE petitioner has on coming to know of the notification and as one of the eligible personnel applied for the post in the prescribed form within the specified time in the application. THE application is also along with other applications forwarded to the office of the Senior Commander for scrutiny and verification of the records. While the petitioner was waiting for the examination date to be intimated the petitioner received the order of the second respondent in his proceedings dated 01.03.2010, thereby the application of the petitioner and few other personnel of the battalion are rejected for the reasons noted against their names and the reasons set out against the petitioner is that he was awarded penalty of seven days pay fine on 26.09.2005. Aggrieved against the said order, the petitioner has come forward with this writ petition for the relief as stated above.

(3.) AS already referred to the recruitment notification issued on 18.01.2010 is admittedly made known to all eligible personnel by displaying the copy of it in the notice board of the concerned units. The notification calling for applications is enclosed at pages-1 to 6 of the typed set of papers. The reading of which would reveal that the same contains the details regarding service eligibility, upper age limit, educational qualification, physical standard selection procedure, last date of receipt of the application, tentative programme of recruitment, responsibility of the unit commanders including eligibility criteria, action to be taken by the Zonal DIsG and special provision for personnel taking part in Republic Day Parade and CISF Raising Day Parade etc. The attention of this Court is drawn to clause-10(a) and foot note appended at the end of the notification, which is to the effect that copies of the notification be forwarded to the following officers with request to bring the contents of this letter to the notice of CISF personnel who are on deputation in their organisation and forward applications of eligible personnel in the prescribed proforma directly to the concerned territorial Zonal DIG of CISF by 19.02.2010. So, the combinding reading of clause 10(a) and the foot note as above referred to would make it clear that the contents of notification are bound to be made known to all personnel who intend to apply for in their capacity as eligible candidates and is accordingly displayed in the notice board to enable all eligible personnel, to apply for it. The attention of this Court is also drawn to clause 10(h) containing the eligibility criteria which runs as follows: