VIDYA DHARAM KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ application is filed by the petitioner asking for a writ of mandamus for directing the respondent authorities to act strictly in accordance with law in the matter of preparing the merit list for appointment to the post of Assistant Sub-Inspector, Railway Protection Force in South Eastern Railway by way of promotion.

(2.) THE fact of the case in a nutshell is this the petitioner was a Constable of Railway Protection Force, South Eastern Railway. While he was posted at Santragachi under Kharagpur Division, a notice was issued under memo No. SHM/e 33-37/3545 dated May 22, 2001 advising the concerned respondents to ask the Constable and Head Constables under their supervision to submit willingness to appear in the selection test for preparation of merit list for appointment of Assistant Sub-Inspectors under Rule 72 of the Railway Protection Force Rules, 1987. Pursuant to the notice, the petitioner submitted his willingness to appear in the above selection test. From the notice issued under Memo No. SHM/e 33-74/481 dated June 29, 2001, the petitioner came to know that the selection test for preparing the above merit list would be held on July 1 and 2, 2001. Pursuant to the above notice the petitioner took part in the above selection test which was followed by viva-voce test. Thereafter, the force office order No. 307 of 2001 dated August 8, 2001 was published by the Security Commissioner-cum-staff officer to Chief Security Commissioner, Railway Protection Force, South Eastern Railway with the approval of the Chief Security Commissioner, Railway Protection Force showing the list Head Constables and Constables who had been qualified for promotion to the rank of Assistant Sub-Inspector, Railway Protection Force, South Eastern Railway.

(3.) THE name of the petitioner did not find place in the above merit test. The petitioner made a representation dated August 28, 2001 to the respondent no. 2 for reconsideration of his name for promotion to the post of Assistant Sub-Inspector, Railway Protection Force, South Eastern Railway. The above representation was followed by another representation dated February 2, 2002. The respondent No. 4 informed the petitioner by a communication under Memo No. SRC/e33-202/1476 dated May 6, 2002 that the marks secured by the petitioner in the selection test (written test and viva-voce) fell short of qualifying level for inclusion of his name in the merit list for promotion to the post of Assistant Sub-Inspector, Railway Protection Force, South Eastern Railway.