UNION OF INDIA Vs. M. THANGAPANDI

JUDGEMENT

(1.) The Writ Appeals are preferred by the Staff Selection Commission challenging the order dated 23.01.2017 passed in

(2.) The Writ Petitioners are the unsuccessful candidates who have applied for the post of Constable (General duty) in CISF, CRPF, BSF & SSB in CAPFS & Rifle man(GD) in Assam Rifles for the year 2012. Both the Writ Petitioners are belongs to SC Category, applied for the above post giving preference to Border Security Force (BSF). After clearing the Physical Efficiency Test and Physical Standard Test, the writ petitioners attended the written examination and based on the marks scored, they were called for Medical Examination. Thereafter, the results were published, in which the Writ Petitioner in W.P(MD)No.21304 of 2014 scored '43' marks and Writ Petitioner in W.P(MD)No.21306 of 2014 scored '47' marks. The cut-off mark for the SC category for the post of Constable is '43'.

(3.) According to the writ petitioners, many of the candidates, who had scored lesser marks were found in the selection list. However, their names were not found. Therefore, representations were given by the writ petitioners to the second appellant, who informed them that another selection list would be published and that several of the left-out candidates like the writ petitioners will be included in the list. However, even in the said list, the writ petitioners were not added. Hence, the writ petitioners approached this Court seeking for a Writ of Mandamus directing the second respondent to consider the names of the Writ Petitioners for the appointment to the post of Constable (GD) in CAPFS & Rifleman (GD) Assam Rifles, for the year 2012.