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2017 Supreme(Del) 4380

IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA, NAVIN CHAWLA, JJ.
Inspr Srishti Kumar & Ors. – Petitioners
Versus
Union of India & Ors. – Respondents
WRIT PETITION (CIVIL) No.7941 of 2015 & 7166 of 2016
Decided On : 13-09-2017

Advocates Appeared:
For the Petitioner:Mr. Ankur Chhibber, Advocate.
For the Respondent:Ms. Jyoti Dutt Sharma, Sr. Panel Counsel for UOI with Mr. C.K. Bhatt, Advocate, Ms. Aakanksha Kaul, Advocate

Headnote:

Weight Criteria - Selection and Appointment to the post of Assistant Commandants (General Duty/GD) in the Central Armed Police Forces (CAPFs) through Limited Departmental Competitive Examination (LDCE), 2013-2014 - Clause 7, 8, 10 of the advertisement related to physical and medical standards - SOP issued by the Ministry of Home Affairs - Re-weighment done on 21st October, 2014 was in accordance with law - Ministry of Home Affairs committed an error in their decision as they did not examine full and relevant facts before giving their opinion and direction - The petitioners would not be entitled to back wages but would be treated as notionally appointed from the date their immediate junior in the concerned CAPF was so appointed and the date of appointment and increments payable will be accordingly fixed.

Fact of the Case:

The petitioners filed a writ petition for quashing of revised results dated 5th August, 2015 for selection and appointment to the post of Assistant Commandants (General Duty/GD) in the Central Armed Police Forces (CAPFs) through Limited Departmental Competitive Examination (LDCE), 2013-2014. The petitioners, along with others, had undergone PET and PST, and some were declared disqualified primarily on the ground of being over-weight. The Appellate Authority conducted re-measurement of weight on 21st October, 2014, and declared some candidates as qualified. The Ministry of Home Affairs declined approval of the results due to policy grounds. This prompted the petitioners to file the present writ petition.

Finding of the Court:

The court found that the re-weighment done on 21st October, 2014 was in accordance with law. The Ministry of Home Affairs committed an error in their decision as they did not examine full and relevant facts before giving their opinion and direction. The petitioners would not be entitled to back wages but would be treated as notionally appointed from the date their immediate junior in the concerned CAPF was so appointed and the date of appointment and increments payable will be accordingly fixed.

Issues: The core issue was whether or not the re-weighment done on 21st October, 2014 was in accordance with law. The court also considered the confusion and incertitude that had prevailed on 24th September, 2014, and the error made by the PST Board and the Appellate Authority.

Ratio Decidendi: The court held that the re-weighment done on 21st October, 2014 was in accordance with law. The Ministry of Home Affairs committed an error in their decision as they did not examine full and relevant facts before giving their opinion and direction. The petitioners would not be entitled to back wages but would be treated as notionally appointed from the date their immediate junior in the concerned CAPF was so appointed and the date of appointment and increments payable will be accordingly fixed.

Final Decision: The court directed the Ministry of Home Affairs in consultation with the CAPFs and in particular Sashastra Seema Bal to re-examine the entire issue and devise a formula which is just and fair to the candidates. The petitioners would not be entitled to back wages but would be treated as notionally appointed from the date their immediate junior in the concerned CAPF was so appointed and the date of appointment and increments payable will be accordingly fixed.

JUDGMENT :

SANJIV KHANNA, J.

The petitioners, twenty three (23) in number, in Writ Petition (Civil) No. 7941/2015 have prayed for quashing of revised results dated 5th August, 2015 for selection and appointment to the post of Assistant Commandants (General Duty/GD) in the Central Armed Police Forces (CAPFs) through Limited Departmental Competitive Examination (LDCE), 2013-2014. The said revised result was published by Ministry of Home Affairs vide ID 45013/01/2009/PERS-I dated 15th April, 2015. The petitioners have also prayed for Mandamus to the respondents to treat them as successful in the Physical Standard Test (PST, for short) and accordingly in view of the merit position, direction be issued to the respondents to appoint them as Assistant Commandants (GD) with all consequential benefits.

2. Gouranga Mandal, the writ petitioner in W.P(Civil) No. 7166/2016, has prayed for identical relief to quash the result dated 15th April, 2015 and for direction to the respondents to appoint him to the post of Assistant Commandant (GD) in the Scheduled Caste category in the Indo-Tibetan Border Police Force.

3. As contentions and issues raised are similar, the two writ petitions are being disposed of by this common judgment.

4. Directorate General, Sashastra Seema Bal vide advertisement dated 11th July, 2014 had invited applications from serving male and female Sub-Inspectors (GD) and Inspectors (GD) for the post of Assistant Commandant (GD) in CAPFs through LDCE. Vacancies in different CAPFs were specified. The upper age limit was stipulated as thirty five years as on 1st August, 2013. The applicants were required to appear in the written test consisting of Paper-I, II and III. The candidates qualifying in Paper-I and II were to be called for the Physical Standard Test (PST), and Physical Efficiency Test (PET). These tests were to be conducted by the Board of Officers, to be constituted by the Nodal Agency namely Sashastra Seema Bal (SSB), at the training centre of any of the CAPFs. PST and PET were qualifying in nature and failure in any one event would result in disqualification.

5. Clause 7 of the said advertisement related to physical standards and had stipulated :-

“7. Physical Standards :

As applicable to Assistant Commandant (Direct Entry). Candidates should satisfy the following minimum physical standards as prescribed in respective RRs. They should also be in medical SHAPE-I (One).”

There was also another stipulation with regard to medical standards prescribed in clause 8 of the advertisement, the relevant portion of which reads:-

“8. Medical Standards (i)

Eye Sight

 

Better Eye (Corrected Vision)

 

Worse Eye (Corrected Vision)

Distant Vision

6/6

 

OR

6/12

 

 

6/9

06/09

 

 

 

 

Near Vision

J 1 (Corrected)

 

J II (Corrected)

Types of correction permitted

Spectacles

Limits of Refractive errors permitted

-4.00D (including cylinder) Non Pathological Myopia

+ 4.00D (including cylinder) Hypermetropia

Colour Vision

High Grade

(ii) The candidates must not have knock knee, flat foot, squint eyes and should possess high colour vision. The candidates will be tested for colour vision by Ishihara’s test and well as Edrich-Green Lantern test. They must be in good mental and bodily health and free from any physical defect, which may interfere with the efficient performance of the duties.

(iii) Subject to (i) & (ii) above, the standard of medical fitness for the candidates would be the same as prescribed by the Govt. for Assistant Commandant (Direct Entry).”

Clause 10 relating to medical examination had stipulated:-

“10. Medical Examination

The candidates who qualify the written examination, PST/PET and Interview of the LDCE shall be drawn in







































































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