Hon’ble Rajes Kumar, J.—Heard Sri Rajesh Yadav, learned counsel for the petitioner and Sri Krishnaji Shukla, learned Standing Counsel, Union of India, appearing on behalf of the respondents.

2. The brief facts, giving rise to the present writ petition, are that in pursuance of the advertisement, the petitioner applied for the post of Constable in Seema Suraksha Bal (in short ‘SSB’). It is the case of the petitioner that in the process of recruitment for the said post, he has been subjected to physical test and when he was found qualified, he was issued admit card to appear in the written test. When he was found successful in the written test, he has been further subjected to medical test wherein also he was found medically fit, but in the final list of selection, he has not been nominated and has not been sent for training. Being aggrieved, the petitioner filed the present writ petition.

3. Counter and Rejoinder-affidavits have been exchanged.

4. In the Counter-affidavit, following has been stated:

5. That the Staff Selection Commission published advertisement for recruitment of Constable (GD) in BSF, CISF, CRPF & SSB-2011. This was a three tier examination having Physical Efficiency Test (PET) followed by written examination and Medical Examination. Candidates are required to qualify in all the three parts of the said examination.

It was very clearly mentioned in para-2 of the Important instructions to the candidates, the notice of the said examination “In view of the anticipated large number of applicants, scrutiny of the eligibility and other aspects will not be undertaken before the PST/PET and Written Examination and, therefore, the candidature will be accepted only provisionally. Candidates are advised to go through the requirements of educational qualifications, age, physical standards etc. and satisfy themselves that they are eligible for the post before applying. Copies of supporting documents will be sought only from those candidates who qualify for the medical examination. When scrutiny is undertaken after the written examination, if any, claim made in the application is not found substantiated, the candidature will be cancelled and the Commission’s decision in this regard shall be final.”

It is also very clearly mentioned in NOTE of para 10 “The candidates applying for the examination should ensure that they fulfil all the eligibility conditions for admission to the examination. Their admission at all the stage of the examination will be purely provisional, subject to their satisfying the prescribed eligibility conditions. If, on verification, at any time before or after the written examination and interview, it is found that they do not fulfil any of eligibility condition, their candidature for the examination will be cancelled by the Commission.”

6. That the final result of the candidates appeared in Medical Examination was declared on 28.11.2011 and the petitioner was declared provisionally qualified for the said examination subject to verification of eligibility as per the requirement of notice of the said examination.

7. That it was very clearly mentioned in the write up of result declared on 28.11.2011 that “The lists are provisional subject to verification of their eligibility and verification of state of Domicile or domicile in Border District/Naxal and Militancy affected districts of candidates in select List who have been allotted concerned vacancies”. The relevant page of notice of the examination published in employment news/Rozgar Samachar dated 5.2.2011 and the write up of the result declared on 28.11.2011 is being enclosed herewith as Annexure-1 & 2 to this affidavit.

8. That during the scrutiny of the document of finally selected candidates before forwarding the names to user department for issue of offer of appointment, it was detected that the result of PET is not available in the dossier of the petitioner. It is pertinent to mention here that Staff Selection Commission conducted recruitme