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2023 Supreme(Del) 4588

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sunny Kumar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
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

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