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2023 Supreme(Del) 4588
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Sunny Kumar – Appellant
Versus
Union of India & Anr. – Respondents
W.P.(C) 6697 of 2023 & CM APPLs. 26220 of 2023, 26221 of 2023
Decided On : 18-05-2023
Important Points
Subject
Employment Law - Recruitment and Selection
Headnote
Merit List - Departmental Entry - The court dismissed the petition seeking to set aside the list of candidates and direct the appointment of the petitioner to the post of Head Constable (Radio Mechanic) due to the petitioner's failure to make his name in the merit list despite clearing all stages of the selection process.
Fact of the Case:
The petitioner sought to set aside the list of candidates and direct appointment to the post of Head Constable (Radio Mechanic) after clearing all stages of the selection process.
Finding of the Court:
The court found no merit in the petition and dismissed it along with pending applications.
Issues:
Ratio Decidendi: The petitioner, despite clearing all stages of the selection process, could not make his name in the merit list due to the higher cut-off marks in the category of Departmental for OBC Category.
Final Decision: The petition was dismissed by the court.
Mr. Rahul Sinha, Advocate, for the Petitioner.
Mr. Sushil Raja, Senior Panel Counsel with Mr. Anubhav Kumar 2IC & Mr. Hemendra Singh, DC (Law) BSF, for the Respondents.
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"a.) Setting aside/Quashing the impugned `List of Candidate dt. 12.04.2023, Recommended Petitioner for Appointment to the post of Head Constable (Radio Mechanic) in Advt. dt. 20.08.2022 issued by the Respondents;
b.) direct Respondents to Appoint the Petitioner on the post of `Head Constable (Radio Mechanic) in his respective category as per their merit with all consequential benefits."
2. Learned counsel on behalf of the respondents, on instructions, submits that the petitioner has cleared all the stages of selection process, namely, (i) Written Test; (ii) Physical Standard Test; (iii) Physical Efficiency Test; (iv) Documentation; and (v) Detail Medical Examination/Review Medical Examination.
3. Though the petitioner had applied for the said post in the Other Backward Caste (OBC) Category through Direct Entry, however, petitioner being the Government Official serving in Sashastra Seema Bal (SSB) on the Post of Constable (WC) at HQ 48th Battalion SSB, Jayanagar, Bihar, the respondents considered the petitioner as a candidate in the category of Departmental and declared him successful in the Written Test i.e., Phase-I. The petitioner scored 91.75 marks in the Written Test out of 200 marks in the category of Departmental. However, the cut-off marks in the category of Departmental for OBC Category was 76 marks.
4. Learned counsel for the respondents, on instructions, further submits that the marks of the last selected candidate in the Category of OBC through Departmental Entry are 159.75 out of total 200 marks.
5. Therefore, despite the petitioner clearing all the stages of the selection process could not be successful in making his name in the merit list of the selected candidates.
6. Considering the submissions made by the learned counsel for the respondents, we find no merit in the present petition, and the same is hereby dismissed along with pending applications.
