MAHENDRA SUTRADHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. R. Patgiri, learned counsel for the petitioners and Ms. A. Gayan, learned C.G.C. appearing for the respondents.

(2.) By this application under Art. 226 of the Constitution of India the petitioners have sought for setting aside and quashing the final selection list for appointment as Constables (General Duty) in Indo-Tibetan Border Police Force (ITBPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF) and Sashastra Seema Bal (SSB) and Rifleman (General Duty) in Assam Rifles for Assam Zone. The petitioners are also seeking a direction for appointment of the petitioners in their respective preferential options or any other vacancies. The petitioners have also prayed for a direction to the respondents to cause an enquiry into the issue of preparation of the final selection list and to review the same.

(3.) The learned counsel for the petitioner has submitted that by an advertisement published in the Employment News dated 15.12.2012, applications were invited for filling up of various vacancies in the above referred forces wherein it was mentioned that there were total 2608 vacancies out of which 419 vacancies were for the State of Assam and it was mentioned that there were 81 vacancies allocated for Assam in respect of Constable (GD) male/ female of B.G. District of Central Armed Police Force (CAPF) and Assam Rifles. The recruitment process, cut-off marks for various categories etc., were indicated in the said advertisement. It was also indicated that those candidates who were declared unfit in the medical examination could appeal for being re-examined by a Review Medical Board and the candidates who meet the valid criteria were to be placed in the reserved list. It was also indicated that the persons who were in the reserved list would be appointed only against vacancies that remained after appointment of candidates from the main select list. It is further submitted that in the present case in hand even before communication of the final select list, a Review Medical Board was held and without preparing a reserved list of candidates who had cleared the Review Medical Board, their names were included in the main selection list.