UTPAL BORA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment and order of ours will dispose of the Writ Appeal No. 395/98 as well as Writ Appeal No. 108/99 arising out of the judgment and order of the learned Single Judge dated 15.11.98 passed in Civil Rule No. 946/95.

(2.) Briefly stated, the facts giv:ing rise to both the appeals are that the appellant Sri Utpal Bora in Writ Appeal No. 395/98 had applied for the post of Company Commander to the Director General of Security, SSB, New Delhi in response to an advertisement. As the facts emerges now, the appellant Sri Bora could not make the grade for the post of Company Commander. However, on behalf of the Director General of Security, SSB the Assistant Director wrote to the appellant on 15.02.93 for giving his willingness for consideration for the post of Circle Organiser, SSB. The letter reads as under

(3.) It is stated that similar letters were issued to those applicants who could not make the grade for the post of Company Commander, but on their performance in the interview etc. they could be considered in accordance with the rules for the post, of Circle Organiser. The appellant gave his consent by communication dated 25.02.95 for being considered for appointment as Circle Organiser. A list of such candidates was prepared who had given their consent and the appellant's name for the post of Circle Organiser was placed at Serial No. 19. The appellant Shri Bora filed the aforesaid Civil Rule No. 946/95 in this Court claiming that in fact he had been selected for the post of Commander amd had been placed at Serial No. 19 in the select list for the post of Company Commander, but that list was lateron changed omitting his name from the select list and, therefore, the respondents in the writ petition be directed to appoint him as Company Commander and in any case as Circle Organiser in view of the farts already mentioned above. The case of the respondents in the writ petition was that in fact the writ petitioner Sri Bora (now appellant) had never been selected and placed on the select list of Company Commanders and it was under [the aforesaid circumstances that the appellant had been kept at Serial No. 19 for consideration for the post of Circle Organiser. However, that was subject to the approval of the higher authorities that the persons who had appeared in the interview etc. for the post of Company Commander may be considered for the post of Circle Organiser. However, this suggestion of the authorities was turned down by the higher authorities and it was stated that for every post there are approved recruitment rules and without obtaining sanction from the Government Sri Bora was asked to convey his willingness for the post of Circle Organiser and it was incorrect to make appointments to the post of Circle Organiser from candidates who had not appeared in the prescribed selection test for the post. The highest authority i.e. the Joint Director agreed with this on 17.07.93. However, to various letters/representations made by Sri Borah, the Commandant in the office of the Directorate of Security, SSB wrote to the appellant Bora on 17.1.94 that his case was under submission to the higher authorities for further consideration. It seems that when this letter was written, the Commandant was not in the know of the decision of the higher authorities not to make any appointment as Circle Organiser out of those candidates who had not made the grade for the post of Company Commander. However, there is nothing on the record to show that the appellant was ever intimated that his case could not be considered for the post of Circle Organiser in view of the decision of the higher authorities.