The central legal point established in the judgment is that the competent authority's decision based on organizational requirements and the disclaimer regarding the actual intake cannot be faulted.

JUDGMENT

Arun Bhansali, J. - This writ petition has been filed by the petitioner questioning the validity of the final merit list issued by the respondent no. 4 for the post of Ground Duty (non-technical) Administration-SSC (M&W) and a direction to prepare a fresh merit list strictly in accordance with the marks secured by the respective candidates and include the petitioner's name for the training.

2. The respondents issued notification (Annex. 1) for Air Force Common Admission Test (AFCAT - 02/2020) for Flying Branch and Ground Duty (Technical and Non-Technical) Branches/NCC Special Entry/Meteorology Entry for courses commencing in July, 2021. In the column pertaining to AFCAT entry for the Ground Duty (Non-Technical) Administration & Education Branch, Permanent Commission (PC) for Men & Short Service Commission (SSC) for Men & Women indicated vacancies for Administration as PC - 23, SSC - 16, for NCC Special Entry, 10% seats out of AFCAT vacancies for SCC.

3. It is inter alia indicated that the petitioner being eligible for the post of Ground Duty (Non-Technical) Administration - SCC, applied and went through the entire process of recruitment. The petitioner was initially ousted for being medically unfit, however, on appeal she was declared medically fit by the Appeal Medical Board. However, in the final merit list, petitioner's name did not find place and out of 16 candidates, only 03 women were selected. The petitioner filed application under Right to Information Act seeking final cut off as well as marks obtained by her and ultimately the petitioner received a response to her application, wherein, it was indicated that the cut off for the course in which petitioner has applied was 536 for men and 613 for women and that the petitioner had secured 599 marks.

4. It is submitted by learned counsel for the petitioner that the action of the respondents amounts to wholesome discrimination against the petitioner inasmuch as common vacancies for men & women were advertised and while declaring the result, information thereof was provided to the petitioner in reply to the Right to Information Act, different cut off has been indicated for Admin. SCC (Men) at 536 and Admin. SCC (Women) at 613 and though the petitioner had obtained marks higher than the cut off meant for men i.e. 599, non-inclusion of her name in the list of selected candidates cannot be sustained and, therefore, the petition filed by the petitioner deserves to be allowed and the respondents be directed to include the name of the petitioner in the list of selected candidates.

5. A response to the writ petition has been filed by the respondents inter alia indicating that the name of the petitioner figured at serial no. 15 and that there were only two vacancies for Admin. - SCC (Women), the branch she applied for and eligible. As the petitioner was low in merit, her name did not figure in the final merit list of candidates selected to join the training academy and even within the women candidates, two more candidates were above her.

6. Submissions have been made that name of one Ms. Tanvi Nara figured in the final merit list based on the reservation of 10% vacancies for NCC Air Wing 'C' Certificate holder and it was emphasized by learned counsel for the respondents that in the advertisement itself there was a disclaimer inter alia indicating that the actual intake would depend on organizational requirements, various cadre control mechanisms, availability of training slots and actual number of vacancies.

7. Submissions were made that though 16 posts for SSC - M & W were indicated in the advertisement, the Board recommended 14 vacancies for men & 02 for women in Admin. Branch and that one vacancy in Admin. SCC be given to women NCC 'C' Certificate holder, based on which the final select list was issued.

8. Submissions were made that the vacancies were distributed between men & women based on the organizational requirement and as such different cut off for men & women were issued