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V. KAMESWAR RAO, SAURABH BANERJEE
Mukul Kumar – Appellant
Versus
Union of India – Respondent
JUDGMENT
Saurabh Banerjee, J. (Oral) - The Director General, Border Security Force, i.e. respondent no.2 herein, on 20.08.2022, issued an advertisement for filling up of 736 posts of Head Constable (Radio Operator), of which, 269 posts were reserved for Economically Weaker Section [EWS] category. Though both of the petitioners applied for the post of Head Constable (Radio Operator) under EWS category and successfully cleared three stages of the examination as well, their names did not appear in the final merit list declared on 12.04.2023.
2. Being aggrieved, the petitioner no.1 alongwith other similarly situated petitioners, in the first round of litigation filed a petition before this Court under Article 226 of The Constitution of India being W.P.(C) No.5585/2023, inter-alia, seeking setting aside of the result declared on 12.04.2023 as also publication of answer key for the OMR based examination, declaration of marks obtained by the petitioners and cut-off marks for all categories and re-examination of the case of petitioners therein for appointment to the post of Head Constable (Radio Operator). On the first hearing of the said petition, the respondents were directed to inform the
Belated challenge to examination results, lack of qualification, and absence of vacancies can render a petition meritless.
Petitioners did not have a vested right of appointment and did not qualify for the post.
10% EWS reservation applies only to current vacancies, excluding backlog SC/ST/OBC vacancies treated as separate class under Article 16(4B), not total vacancies.
Merit-based appointment allows candidates from reserved categories to assume Unreserved posts, emphasizing that use of SEBC certificates for employment is permissible if supported by merit.
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