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2023 Supreme(Del) 5069

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rohit Singh Rathore – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr.Vivek Sheel, Ms.Deepshikha & Mr.Anshul Mahajan, Advocates, for the Petitioners.
Mr.Anshuman, SPC with Mr.Rahul Kumar Sharma (GP), for the Petitioner.

JUDGMENT (Oral)

CM APPL.29043/2023 (exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

W.P.(C) 7476/2023 & CM APPL. 29042/2023

3. By way of the present petition, petitioners pray as under:

a. To quash and set aside impugned order No.I.2101/28/2022 (E- 13229)/Estt-2298 dated 24.02.2023 as unconstitutional and ultra vires the ITBP Act & Rules;

b. To quash and set aside order No.I-21017/28/Afghanistan/2022/Estt- 8701-99 dated 27.02.2023 and direct the respondents to draw a fresh list of empaneled personnel on the basis of Standing Order No.04/2017 as it stood prior to amendment dated 24.02.2023.

4. The case of petitioners is that respondents ITBP had issued signal dated 11.07.2022 calling nominations from eligible ITBP personnel for preparation of panel for deputation to Indian Mission Afghanistan in terms of Standing Order No.04/2017. The petitioners applied and after going through the pre-selection training and final test, they were declared successful in terms of the Standing Order No.04/2017. The petitioners were hopeful of securing high rank in the final merit list of declared successful candidates. However, respondents in an irrational an

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