The court affirmed the necessity for procedural fairness in administrative decision-making, particularly in response to representations regarding recruitment vacancies.

JUDGMENT (Oral)

CM APPL. 51685/2022(for exemption)

1. Allowed, subject to all just exceptions.

2. Application is accordingly disposed of.

W.P.(C) 16460/2022 & CM APPL. 51684/2022

3. Vide the present petition, petitioners prays as under:

i. To quash the advertisement dated 22.04.2022 whereby vacancies notified are not in consonance with the CRPF Recruitment Rules, 2010 and of the letter dated 13.11.2022 whereby petitioner's representation dated 10.09.2022 seeking re-calculation and modification of vacancies for the post of Asst. Comdt. through LDCE 2018-22 was rejected by the respondents;

ii. To direct the respondents to recalculate the vacancies notified in the advertisement dated 22.04.2022 and thereafter increase the same in terms of the CRPF Recruitment Rules of 2010 issued by the Respondents themselves.

4. Learned counsel appearing on behalf of the petitioners has drawn the attention of this Court to the directions passed by this Court in the case of "Md. Riyaz Alam Ansari (Shaurya Chakra) & Ors. vs. Union of India & Ors." in W.P.(C) 14663/2022 vide order dated 17.10.2022 whereby this Court directed the respondents to decide the representation dated 10.09.2022 filed by the petitioners within two weeks. Thereafter, the impugned order has been passed, however, it has not dealt with the issues raised in the representation dated 10.09.2022.

5. Accordingly, notice issued.

6. Mr.Anurag Ahluwalia, learned Central Government Standing Counsel accepts notice and has fairly conceded to the fact that the impugned order has not dealt with the issues raised in the said representation, however, has assured this Court that a fresh order shall be passed and communicated to the petitioners.

7. We have perused the impugned order and on perusal of the same, we are of the view that respondents have not quantified the vacancies as raised in the representation dated 10.09.2022.

8. Therefore, at this stage itself, we hereby dispose of the present petition by setting aside the impugned order and direct the respondents to decide the representation dated 10.09.2022 and calculate the vacancies as prayed by the petitioners in the present petition as well as in the representation dated 10.09.2022 in letter and spirit within four weeks from today and the order so passed shall be communicated to the petitioners within one week thereafter.

9. Needless to say, if the petitioners still feel aggrieved by the decision taken by the respondents, they may challenge the same before the appropriate forum.

10. With the aforesaid directions, present petition as well as pending application stand disposed of.