VINOD KUMAR DWIVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a writ petition under Articles 226 and 227 of the Constitution of India for a direction to the respondents to permit the petitioner to continue and complete his training as a Constable in Central Industrial Security Force.

(2.) IT is not in dispute that the petitioner was selected for the post of Constable "through eligibility test, physical efficiency test, written test and interview" held at Bhopal from 10-4-2000 to 11-4-2000. He was appointed as a Constable by order dated 10-6-2000 (Annexure P-2) by the respondent No. 3. The petitioner was asked to join at CISF Recruitment Training Centre, Badwaha, District Khargone on 18-6-2000 for training for 11 months. The petitioner submitted his joining report in the training centre on 18-6-2000. He was not permitted to continue his training from 28-6-2000. No written order was passed cancelling his appointment. The petitioner was not given anything in writing disclosing the reasons for discontinuance of his training.

(3.) THE petitioner's case is that he was duly selected and he passed the Physical Efficiency Test (PET) at Bhopal. No notice was given to him at the Training Centre at Badwaha that he is to be re-tested for PET. As his appointment order has not been cancelled he has a right to continue on the post on which he had been duly appointed. 3. The case of the respondents is that there were complaints of "manipulation and mal-practice" in the selection process held at Bhopal. Thereafter, the petitioner and other selected candidates were "re-tested" for PET. The petitioner could not pass this "re-test". He was orally informed that he would not be permitted to continue the training. It is stated that the petitioner failed in the "re-test of one mile race". According to the respondents, all the candidates "were informed orally in a common gathering about the nature of re-test well in advance before the re-test was carried out".