MRIDUL KUMAR NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Ms. P. Devi, learned counsel for the petitioner and Ms. B. Sarma, learned CGC for the respondent, the Union of India.

(2.) Following the issuance of Advertisement dated 12th March, 2014, by the DIG (Adm.), Southern Sector, CRPF, Hyderabad wherein applications were invited from willing and qualified candidates for recruitment to the posts of Head Constable (Ministerial) in CRPF, the petitioner also submitted his application in the prescribed format wherein he indicated that he belongs to General category. His application was dated 6.3.2014. After proper scrutinization it was provisionally accepted under the General category and he was allotted Roll No. 511000963 and directed to report at the CRPF Camp, 9th Mile, Guwahati, on 05.06.2014 at 8.00 hrs. with all his original documents for the first phase of the recruitment process. As instructed, the petitioner appeared at the group centre and he was found fit under the General category to appear in the written examination on 03.08.2014. The petitioner appeared in the written examination and he was declared qualified to appear in the second phase of recruitment process. Accordingly, he appeared in the second phase of recruitment process on 15.09.2014 and he was declared qualified to face the oral interview on 20.09.2014. After the interview, on 22.09.2014 he was physically examined and was found over weight by 4 kgs but when he was called for medical examinations held on 16.12.2014 and 21.01.2015, he was declared fit by the Medical Board. After the interview and the medical examination were over, the files of all of the candidates alongwith that of the petitioner were sent to the Director General, CRPF. The final result of the recruitment of the Head Constable (Ministerial) was declared on 14.08.2015 but the name of the petitioner did not find place amongst the list of candidates selected.

(3.) The petitioner's case is that though he belongs to OBC category and scored 171 marks, a person who belongs to the same category and scored only 167 marks was selected and appointed to the post of Head Constable. Therefore, the respondents may be directed to appoint him in place of the private respondent No. 7 who was the last OBC candidate appointed.