BHARAT SINGH Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) PETITIONER is aggrieved of cancellation of his selection for the post of Chowkidar in terms of communication dated 20.10.2008 issued by respondent No. 3 which is impugned on the grounds set out in the writ petition. He seeks quashment of the impugned communication.

(2.) THE case set up by petitioner is that pursuant to an Advertisement Issued by respondents providing for recruitment of Group 'C' and 'D' posts at Command Hospital Northern Command Base Hospital 150 General Hospital and 170 Military Hospital, petitioner applied for the post of Chowkidar at 150 General Hospital at Rajouri on the prescribed form as he possessed the requisite qualification and was eligible to apply for the post of Chowkidar. He was called for interview and finally selected for the post of Chowkidar. Intimation in this regard was given to petitioner by office of respondent No. 3 vide communication dated 05.04.2008. Petitioner was directed to report to 150 General Hospital, Rajouri on 26.04.2008 with the required documents. He reported to the Hospital on the given date and produced the documents which were subjected to verification and found genuine. Petitioner was waiting for a formal call to join the service but, to his dismay, he came to be communicated with cancellation of his selection for the post of Chowkidar on the pretext that there was no vacancy of Ex -Servicemen in the category of Chowkidar as per the Advertisement published in the newspaper. The impugned communication dated 20.10.2008 issued by respondent No. 3 is assailed on the ground that the advertisement, inter alia providing for recruitment to the two posts of Chowkidars at 150 General Hospital for un -reserved category laid down the eligibility criteria in terms of age and qualification required and anyone fulfilling the requisite criteria, whether from Open Category, SC/ST, OBC or from Ex -Servicemen category was eligible to apply for the said posts. Selection of petitioner was not dependent upon any vacancy for Ex -Servicemen in the category of Chowkidar. The impugned communication is also assailed on the ground that the same has been passed in violation of principles of natural justice without providing petitioner an opportunity of being heard.

(3.) CMA No. 1095/2014 was filed by petitioner seeking permission to file supplementary affidavit. However, learned counsel for respondents sought time to file response. He also sought time to file a better affidavit which was allowed in terms of interim order dated 19th August, 2014 with direction to provide information in better affidavit in terms of the aforesaid order.