ILU KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been preferred under Article 226 of the Constitution of India for issuance of direction commanding upon the respondents to recommend the candidature of the petitioners as a suitable candidate for appointment to the post of Constable (GD) in ITBF/BSF/CISF/CRPF/SSB/ Rifleman (GD) and Assam Rifles since according to the petitioners they have been found to be eligible and even successful.

(2.) Mr. Anurag Kashyap, learned counsel appearing for the petitioners has vehemently argued the case by submitting that in terms of the advertisement published by the competent authority whereby and whereunder the applications have been invited by the Staff Selection Commission to fill up the post of Constable (GD) in the para-military forces like ITBF/BSF/CISF/CRPF/SSB/Rifleman (GD) and Assam Rifles in terms thereof the petitioners have participated in the process of selection. As per the terms and conditions of the advertisement as contained in scheme No.16 for reference of post is to be furnished by one or the other candidate and in view thereof, the petitioners due to inadvertent error have opted for all the posts by marking 'tick' against each category of the establishment/force. The petitioners have been allowed to participate in the selection process but finally they have not been selected and engaged and hence the instant writ petition has been filed.

(3.) The learned counsel for the petitioners, while arguing taking aid of the counter affidavit, has submitted that as per the statement made in para 12 thereof, since the petitioners are to be selected under the naxal affected district and under the preference of post SSB the last selected candidate has secured 39 marks and the petitioners have secured more marks than the last selected candidate under the SSB category and hence on the basis of stand taken by the respondents-authority in the counter affidavit, positive direction may be issued for appointing the petitioners in SSB.