LAWS(CAL)-2013-7-119

ENAMUL KHAN Vs. UNION OF INDIA

Decided On July 09, 2013
Enamul Khan Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This matter relates to selection and appointment of B.S.F. constable. The writ petitioner is aggrieved against his non-selection although he was empanelled as first candidate in the select list. Mr. Banerjee, learned Counsel appearing for the writ petitioner submits that as per Recruitment Rules under the Border Security Force Act, 1968 the criterion for such selection is only physical ability test and nowhere in the said Rules any written test is prescribed, no cut-off marks is also prescribed.

(2.) Mr. Banerjee submits that his client was declared physically fit. Thereafter he passed through the written test and thereafter he has also passed through medical test after being empanelled as first candidate in the panel prepared for giving such appointment. He submits that the respondent authorities intentionally and carefully did not give appointment to the writ petitioner for having their own candidates being appointed in the service.

(3.) Mr. Banerjee submits that as per the notice issued by the concerned respondent, general category candidates were earmarked 33 in number, scheduled caste 15, scheduled tribes 3, O.B.C. 15 and total vacancy was 66 candidates.