BABU LAL KUMAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Pursuant to the employment notice No. 1/2011, the petitioner applied for the post of Constable in Railway Protection Force under OBC male category. Having passed the written examination, he was called for PST/PET on 12/6/2014. The petitioner participated in the PST/PET and was called for interview at Railway Protection Force Reserve Line, Loco Colony, Hasanpura, Jaipur and for medical test. Thereafter the respondents declared the final list, wherein the petitioner secured normal 60% and GTO 59.23% and the last candidate in OBC male candidate who was selected secured 45% marks. Subsequently the respondents offered appointments to the selected candidates, but the petitioner despite being highly meritorious was not, for the reason that his Left Thumb Impression (LTI) on the application form did not match with LTI on OMR/Viva Voce sheet. Hence the present writ petition.

(2.) Counsel for the petitioner submitted that on account of mismatching the LTI of 58 persons, FIR No. 476/2014 was lodged at Police Station, Sadar, Jaipur Metropolitan for the offence under Sec. 419 IPC, where a notice under Sec. 41A Cr.P.C. was issued. The petitioner appeared before the police and after investigating the matter, the police submitted the negative final report in the matter observing as under:

(3.) Counsel for the petitioner submitted that in this view of the matter, no offence under Sec. 419 IPC being made out against the petitioner, he as a duly selected meritorious candidate was entitled to be given appointment on the post of Constable in Railway Protection Force Pursuant to the employment notice No. 1/2011 as those less meritorious have been already so appointed.