AVTAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed with a prayer that a writ in the nature of mandamus be issued directing respondent No. 1 to conduct the medical examination test of the petitioner and consider him for the final selection for the post of Constables. The grievance of the petitioner is that he had responded to the advertisement inviting applications for the posts of Constables in CISF, CRPF, BSF & SSB in the year 2011. The applications were to be filled in online. The petitioner considering himself to be qualified for it, applied for the same and was called for the physical efficiency test and physical standard test which he cleared and he was subsequently called for written examination which was scheduled for 15.6.2011 and in this test also, he was declared qualified. As per the process, he was then invited to undergo medical examination test which was to be conducted on 22.7.2011 at 7 a.m. He appeared along with complete particulars and filled up the requisite form, but his candidature has now been rejected only on the ground that in the form submitted by him, instead of appending his signatures in the column which was meant for it, he wrote his name in capital letters.

(2.) He thus contends that the action of the respondents in cancelling the candidature of the petitioner is arbitrary and unjust.

(3.) Upon notice of motion having been issued, reply has been filed by the respondents. In the reply filed by respondent No. 1, it has been stated in para-7 thereof that the petitioner had appeared for the detailed medical examination and on scrutiny of his dossier, his candidature was rejected for the reason that he did not adhere to the instructions contained in the advertisement and signed his name in capital letters which was totally contrary to the instructions specifically given out in the advertisement and also the Appendix to the advertisement.