SUDHIR KUMAR CHOUBEY Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) IN this writ petition the Petitioner has prayed for quashing Memo No. 120/SSB/LG/06/934 dated 6.2.2007 (Annexure - 6) whereby the Respondents have cancelled the entire selection process of appointment to the post of constable. The Petitioner has further prayed for a direction on the Respondents to appoint him as a constable (General Duty).

(2.) THE Petitioner is an unemployed youth. His grievance is that though he was duly selected in the test for appointment to the post of constable under the Directorate of Special Service Bureau after observing all the prescribed procedures and formalities and was found fit in the medical test as far back as in the year 2003, appointment letter has not been issued to him till date.

(3.) IT has been contended by the Petitioner that he had been duly selected for the post of constable under the Directorate of Special Service Bureau in the test held for the post and he was found fit in all respects. In medical test held as far back as in the year 2003 too, he was found fit. Since then the Petitioner was in the hope of getting his appointment letter. But instead of giving him appointment, the Respondents have informed that the entire selection process has been cancelled after keeping the Petitioner waiting for years. After final selection, the Petitioner had legitimate expectation of being appointed to the post of constable and in the hope of getting appointment letter he did not try his luck elsewhere. Now he has become over aged for the Government service. The Respondents being the instrumentality of the Welfare State cannot act arbitrarily and deny his appointment after several years of his final selection. The Impugned order is, thus, wholly arbitrary, unjust and violative of Articles 14 and 21 of the Constitution of India and is liable to be quashed and the Respondents be directed to issue letter of appointment to the Petitioner.