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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Maj Parul Pargal (retd. ) – Appellant
Versus
Union of India – Respondent
JUDGMENT (Oral)
1. Vide the present petition, the petitioner is seeking following reliefs:
"(a) To pass Writ in the nature of Certiorari to set aside the result: Declared on 06.04.2023 For The Post Of Veterinary Assistant Surgeon (Assistant Commandant) Group-A, Gazetted (Combatised) (Non-Ministerial);
(b) Issue a writ of mandamus or any appropriate writ, order of direction directing respondents to declare result for ex-serviceman candidates with separate cut off at par with other reserved category candidates;
(c) Issue a writ of mandamus or any appropriate writ, order of direction to allow the petitioner to participate in further recruitment process if petitioner succeeds in the present petition."
2. Learned counsel for the petitioner submits that for the aforesaid reliefs, the petitioner has already made the Representation dated 28.03.2023 to the respondent No. 2/Director General, Border Security Force, however, till date, the said Representation dated 28.03.2023 of the petitioner has not yet been decided by the respondent No. 2/Director General, Border Security Force.
3. We hereby dispose of the present petition directing the respondent No.2/Director General, Border Security Forc
The court emphasized the importance of timely decision-making by the respondents in response to the petitioner's representations.
The level of performance for Ex-serviceman candidates should not be affected by relaxation of standards.
The court used the writ of mandamus to compel the respondent to decide on the petitioner's representation within a specified timeframe.
The need for a conclusive assessment of medical fitness in cases of appointment disputes.
Administrative authority must consider applications filed under relevant procedural statutes within a reasonable time frame, reinforcing statutory obligations.
The main legal point established in the judgment is the importance of discipline in the Border Security Force, the adherence to the BSF Act and Rules in dismissal proceedings, and the limited scope f....
Petitioners did not have a vested right of appointment and did not qualify for the post.
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