Candidates must remain vigilant regarding official communications and bear responsibility for their participation in competitive examinations.

JUDGMENT (Oral)

1. By way of the above captioned writ petitions bearing W.P. (C) Nos. 2299/2022 and 3626/2022, the petitioners seek a direction to the respondents to call them for the Physical Standard Test (PST); Physical Efficiency Test (PET) and the Medical Standard Test (MST) under the relevant guidelines of the Central Armed Police Forces (Assistant Commandant) Examination, 2021; and, if found fit, to call them for the next stage of the selection process.

2. Since the facts and issues raised, and the prayers sought, in both the writ petitions are very similar, these petitions have been heard together and are being disposed-of by this common judgment.

3. The case of the petitioners is that pursuant to Notice dated 15.04.2021 issued by the Union Public Service Commission (UPSC), the petitioners had applied for the post of Assistant Commandant in the Central Armed Police Forces. Both the petitioners had appeared in the written examination held on 08.08.2021; the results whereof were declared on 13.10.2021 by the UPSC vidi two different Press Notes; and both petitioners were declared successful in the examination. According to the petitioners, the first Press Note contained the roll numbers of all the provisionally selected candidates who had qualified for PST, PET and MST; and the second Press Note also contained the results along with instructions regarding online submission of the Detailed Application Form (DAF) by the candidates.

4. The grievance of the petitioners is that though the PST, PET and MST were scheduled and conducted by the respondents from 22.12.2021 to 31.12.2021; however, the petitioners contend that they did not receive any intimation nor the admit cards for the same; and were therefore unable to appear in these tests.

5. Learned counsel appearing on behalf of petitioners submit that the primary responsibility of intimating provisionally selected candidates about the schedule of these physical/medical tests was that of the nodal authority nominated by the respondents i.e. the ITBP; but no intimation was given to the petitioners.

6. To the contrary, learned Central Government Standing Counsel appearing on behalf of the respondents have refuted the claim made on behalf of petitioners, instead drawing attention of this court to Entry No.11 dated 09.12.2021 appearing on the portal of the respondents i.e. recruitment.itbpolice.nic.in highlighting that "PST PET AND MST OF CAPFS ACS EXAMINATION 2021 HAS BEEN SCHEDULED FROM 22-12-2021 ONWARDS CANDIDATES MAY DOWNLOAD THEIR ADMIT CARD FROM MENTIONED LINK IN PDF FILE". Attention of this court has also been drawn to e-mails sent to the petitioners containing the link to the admit card and intimating the schedule of the tests, supported by the certificates issued by the National Informatics Centre and M/s CISCO, evidencing that the e-mails in question were duly delivered to the petitioners. It is thereby contended that it is the petitioners who have, for their own fault, failed to appear in the aforesaid tests.

7. It is further submitted by learned counsel appearing on behalf of respondents that Press Note dated 13.10.2021 issued by them also stated that if any candidate does not receive any intimation from the nodal authority in respect of Physical Standards Tests/Physical Efficiency Test and Medical Standards Test, "he/she may contact the HQ, DG, Indo Tibetan Border Police on Telephone No. 011-24369482/011-24369483 & e-mail ID comdtrect@itbp.gov.in and U.P.S.C.". It is submitted that despite this, the petitioners - Vikrant Sehrawat and Nitish Malik