Candidates with valid NCC certificates should be exempted from the Common Entrance Examination (CEE) as per the clauses of the notification.

JUDGMENT:

D.V.S.S.Somayajulu, J.

This Court has heard Deputy Solicitor General, Sri N.Harinath, and Sri A.Kishore Kumar, learned counsel for the respondents.

2. The Union of India is in appeal before this Court questioning the order of the learned single Judge in W.P.No.37924 of 2022. By the said order, the learned single Judge disposed of a number of writ petitions pertaining to recruitment in the Agnipath Scheme in the Indian Army.

3. Learned Deputy Solicitor General argued the matter at length. It is his contention that the learned single Judge erred in passing the impugned order. He points out that the procedure was strictly followed by the appellants and that all the candidates who had produced the relevant certificates were permitted to avail the benefits. He argues that there is no discrimination at all and two candidates who had deposited all the requisite certificates including the original NCC certificates were given the benefit, while the others who did not deposit the said certificates were asked to take the written examination. He also points out that provisional Admit Cards were given to the candidates who did not submit the NCC certificates. It is argued on the basis of a tabular statement annexed to the grounds of appeal that provisional certificates were given. It is also argued that the submission of the original certificate is necessary for claiming the bonus marks and for appearing for the Common Entrance Examination (CEE). Lastly, in the alternate, it is also pointed out that recruitment had already commenced for this batch of Agniveers and that in the worst case scenario if this Court comes to the conclusion that the respondents are eligible, they can be accommodated in the next batch. This submission is after obtaining instructions and the statements made without prejudice to the primary contention that the writ petitioners are not eligible for any benefit under the scheme until and unless they produce the original NCC certificates within the time stipulated. Hence, the contention of the learned Deputy Solicitor General that the learned single Judge committed an error in passing the order.

4. In reply to this, learned counsel for the respondents relies upon the conditions stipulated in the advertisement and states that the original certificates were to be produced at the time of the rally and they were in fact produced as stipulated; that is the reason why the hall tickets were issued to the candidates to appear in the CEE. He points out that again at the time the CEE, the candidates were asked to produce their originals and thereafter directed to take the examination. This action is the gist of the dispute between the parties.

5. Learned counsel relies upon the tabular statement which is mentioned in the writ petition and he submits that the writ petitioners had secured their final certificates in the period 30.10.2021 to 05.08.2022 which is before the date of the rally itself fixed for each of the candidates. He points out that the rally was held in the periods 15.08.2022 to 26.08.2022 for all the candidates and they had submitted the documents by that date. He, therefore, argues that the contention urged by the Deputy Solicitor General is not correct. He also relies upon the judgment in the case of Dolly Chhanda v. Chairman, Jee and others, (2005) 9 SCC 779 in support of his contention.

6. COURT: This Court after considering the submissions made on both the sides notices that the instructions given to the applicants are very clear. To understand this issue better and to come to a conclusion, the following clauses of the notification are highlighted. At the very beginning of the advertisement itself where the details of the recruitment rally are spelt out, it is clearly mentioned as follows:

1. “........Candidates will have to apply online only, on the official web site www.joinindianarmy.nic.in from 01 Ju