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DELHI HIGH COURT
RAJIV SAHAI ENDLAW, ASHA MENON
Rajiv Kumar – Appellant
Versus
Government of India – Respondent
| Table of Content |
|---|
| 1. appointment and eligibility challenges. (Para 1 , 2 , 3) |
| 2. court's observations on procedural adherence. (Para 4 , 5 , 25 , 26) |
| 3. arguments on retention despite eligibility issues. (Para 14 , 15 , 16 , 21 , 22) |
| 4. rationale for upholding appointments despite irregularity. (Para 27 , 46 , 49) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Rajiv Sahai Endlaw, J. The petitioner in each of these sixteen petitions is an "ex-serviceman", with a "Deemed Graduation Certificate" issued by Indian Army/India Air Force/Indian Navy/Armed Forces Medical Services, and had participated in the examination conducted by the respondent Staff Selection Commission (SSC) in the year 2014 or in the year 2016, in the Ex-servicemen Category, for "Recruitment of Sub-Inspectors (SIs) in Delhi Police (DP), Central Armed Police Forces (CAPFs) and Assistant Sub-Inspectors (ASIs) in Central Industrial Security Force (CISF)" (hereinafter referred to as CAPF EXAMINATION -2014/2016). On success in the said examination, while the petitioners in W.P.(C) No.3034/2020, W.P.(C) No.3713/2020 & W.P.(C) 8006/2020 were appointed as SIs in Border Security Force (BSF), the petitioners in W.P.(C) Nos.6951/2019, 6955/2019, 6
Service Law - Ex-serviceman - Appointment to any reserved vacancy - once employment Notification/Advertisement provides for “Equivalent” conduct of an exercise to determine equivalence is essential -....
The validity of the Degree commences from the date of acquisition and relief cannot be denied based on the date of issue of employment notification.
The main legal point established in the judgment is the relevance of Gazette Notifications and their impact on determining seniority, considering past practice and the impact of delays in revising se....
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