VIKASH KUMAR GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application, the petitioners pray for a declaration that the General Instructions as contained in Para 11(v) of the advertisement published is non-east and is arbitrary. They further pray for certiorari for quashing the letter dated 07.01.2017, as contained in Memo No. 1007 and letter of same dated contained in Memo No. 1033 whereby it has been intimated that further process of recruitment of Constable (Tradesman) has been terminated with immediate effect because of administrative reasons. Further prayer has been made to appoint the petitioners since they were successful in the written test, physical test and medical test, after taking into consideration that vacancies exist.

(2.) An advertisement was published for recruitment for the post of Constable (Tradesman) male in Border Security Force for the year 2016-17. Petitioners applied for the post of Constable (Tradesman) in the trade of cook and they claim that they were successful in the physical test, trade test and written test. Petitioners were waiting for their appointment letter, but, they were communicated that further process of recruitment is terminated because of some administrative reasons. These letters dated 7th Jan. 2017 are addressed to both the petitioners. The petitioners, aggrieved by the said letters, had moved this Court, challenging the same and also challenging the declaration in Para 11(v) of the General Instructions, wherein it has been mentioned that Border Security Force reserves the right to make changes or cancel or postpone the recruitment process without assigning any reason.

(3.) Learned counsel for the petitioners submits that Clause (v) of Para 11 is absolutely arbitrary. He submits that the entire process cannot be scraped without assigning any reason. He further submits that the letters by which the process has been scraped is absolutely bad, as it has been mentioned that because of some administrative reasons, the process has been terminated. He submits that the respondents were duty bound to mention as to what is the administrative exigencies, which forced the respondents to scrap the entire examination process. Entire process, which has been adopted by the Border Security Force, cannot be approved and has to be set aside. Consequently, the petitioners are liable to be appointed.