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2020 Supreme(Raj) 713
RAJASTHAN HIGH COURT BENCH AT JAIPUR
Sanjeev Prakash Sharma, J.
Abhimanyu Dhaka - Appellant
Versus
Union Public Service Commission - Respondent
Civil Writ Petition No. 13411 of 2020
Decided On : 16-12-2020
Abhay Kumar Bhandari, Advocate, Sanjay Rahar, Advocate, Anand Sharma, Advocate, H.V. Nandwana, Advocate, Ankit Naudiyal, Advocate
Candidates medically unfit for their first choice in recruitment may still be eligible for other courses under the provisions of the examination rules.
Headnote:
Recruitment - Combined Defence Service Examination - Article 320 - The court interpreted the provisions of the examination rules, particularly N.B.(I) and N.B.(II), to determine the eligibility of a candidate who was medically unfit for his first choice but fit for another service.
Fact of the Case:
The petitioner participated in the Combined Defence Service Examination and opted for the Indian Navy. After being declared medically unfit for the Navy but fit for the Army, he sought to join the Short Service Commission at OTA, which was initially denied based on his application preferences.
Finding of the Court:
The court found that the Armed Forces' interpretation of the examination rules was incorrect. It held that the petitioner, being a leftover candidate due to medical unfitness for Navy, should be considered for the SSC at OTA.
Issues: Whether the Armed Forces are bound by the UPSC's interpretation of the examination advertisement and whether the petitioner is entitled to be considered for SSC at OTA despite not initially opting for it.
Ratio Decidendi: The court ruled that the provisions of N.B.(II) allow for candidates who are medically unfit for their first choice to be considered for other courses, thus supporting the petitioner's claim.
Result: The writ petition is allowed, directing the respondents to consider the petitioner for the Short Service Commission Course at OTA.
JUDGMENT
Sanjeev Prakash Sharma, J. - Reportable
(1) The petitioner, by way of this writ petition, submits that he participated in the Combined Defence Service Examination (II) 2019, which was conducted by the Union Public Service Commission (hereinafter referred to as the UPSC ) for recruitment of Officers for Defence Services, namely, Army, Navy and Air Force. The advertisement was issued on 12.6.2019. As per the said advertisement, a candidate was required to specify clearly in respect of columns of online application form, the services for which he wishes to be considered and also his choice of preference. A male candidate could indicate as many preferences as he wished subject to conditions mentioned in the advertisement.
2. The petitioner, however, submitted his preference to join Indian Navy alone although he has stated in the writ petition that he had also given his preference to join the Army, but could not record the same in the application form.
3. As per the Scheme of the recruitment process, a written examination was conducted and thereafter, the candidates who cleared the written examination as per the minimum qualifying marks laid down by the UPSC were asked to appear for intelligence and personality test before the Service Selection Board (hereinafter referred to as the SSB ), which is conducted for different courses of respective forces i.e. Army, Navy and Air Force. The petitioner after having qualified the written examination was called to appear for SSB and thereafter, on 1.9.2020, the UPSC declared the final result of the Combined Defence Service Examination (II) 2019. As per the said result, it is stated as under:-
4. The Commission had recommended 2699, 1592 and 0611 as qualified in the written test for admission to the Indian Military Academy, Indian Naval Academy and Air force Academy, respectively. The number of candidates finally qualified are those after SSB Test conducted by Army Head Quarters.
5. The results of Medical examination have not been taken into account in preparing these lists.
6. Verification of date of birth and educational qualifications of these candidates is still under process by the Army Headquarters. The candidature of all these candidates is, therefore, provisional on this score. Candidates are requested to forward their certificates, in original, in support of Date of Birth/Educational qualification etc. claimed by them, along with photostat attested copies thereof to Army Headquarters/ Naval Headquarters/ Air Headquarters, as per their first choice.
4. The name of the petitioner finds place in this list for Indian Naval Academy at Serial No.17 with Roll No.1100806.
5. After the result was declared, the petitioner was sent for medical examination and as has been mentioned in the petition, he was found unfit for Indian Naval Academy. However, he was found fit for joining the Army. The petitioner thereafter submitted a representation to the Armed Forces stating his willingness to join Army and requested that his candidature be considered for Short Service Commission (hereinafter referred to as the SSC ) at Officers Training Academy (hereinafter referred to as the OTA ). It was stated that he had erroneously not mentioned his choice for Army earlier. The representation dated 9.9.2020 was considered and rejected by the Army for the purpose of joining IMA i.e. Indian Military Academy. Thereafter, the petitioner submitted another representation for joining OTA/SSC. A representation was also made to the UPSC and the UPSC sent a letter to the Adjutant General, Army Headquarters to take necessary action on the request made by the candidate in the light of the provisions of NB(I)(d) and N.B.(II) mentioned in the Examination Notification of CDS-II, 2019. The said letter was examined by the Army Headquarters and vide their letter dated 8.10.2020, it was reiterated that the candidate s plea cannot be entertained with the observations as under:-
NB I (a), b(i), (d), (e) of Notification is require
