YOGENDRA RAJPUT Vs. UNION OF INDIA & ANOTHER

JUDGEMENT

(1.) The petitioner has filed the present petition seeking direction to the respondents to produce the OMR sheet No. 115019 for proper evaluation and thereafter select the petitioner for the post of Constable (Cook).

(2.) The Border Security Force (BSF) issued an advertisement for recruitment on the post of Constable (Tradesman). In pursuant to the said advertisement, the petitioner applied for the post of Constable (Cook). As per the method of selection, the candidates were required to pass the trade-test and written test for 100 marks. The petitioner passed the trade-test and a call-letter was issued to him. He appeared in the examination but could not find his name in the select-list. He applied under the Right to Information Act. By Annexure P/7, the respondents have informed him that he secured 56 marks and in the un-reserved category, the cut-off marks are 57. Being dissatisfied with the information given by the respondents, the petitioner has filed the present petition before this Court alleging that his OMR sheet has not been properly valued as there is a mistake in the evaluation. The petitioner was given the Question Paper-Booklet 'C' and according to him, Question Nos. 42, 74 and 95 are not correct.

(3.) After notice, the respondents have filed the return by submitting that the recruit for the post of Constable (Tradesman) in BSF for the year 2014 for the candidates belonging to Madhya Pradesh was organised by I.G. and Commandant, BSF, DSWT, Indore (M.P.) i.e. the recruitment agency. The petitioner had applied for the post of Constable (Cook) under 'General' category. The petitioner qualified PST/PET, trade-test, written examination and medical examination respectively conducted at CSWT, BSF, Indore as per schedule. The result of qualified candidates along with OMR sheets was forwarded to FHQ, BSF, New Delhi for preparation of final merit list on the basis of marks obtained in written examination as well as trade wise vacancies available. The petitioner had scored only 56 marks in the written examination whereas the minimum cutoff marks for the post of Constable (Cook) for 'General' category candidates was 57 marks. Due to having scored marks below, cut-off marks (1 mark less), the petitioner was not selected for the post of Constable (Cook). The OMR sheets of candidates were checked mechanically by a firm outsourced by BSF in front of Board of Officers at New Delhi and no negligence was done or reported during checking of OMR sheets. The recruitment process was completed in free and fair manner. The action of the respondents is illegal and as per rules.