The selection process for recruitment must adhere to the conditions specified in the advertisement, and arbitrary denial of selection based on undisclosed criteria violates constitutional rights.

JUDGMENT :

A. GUNESHWAR SHARMA, J.

[1] Heard Mr. A. Romenkumar, learned senior counsel assisted by Mr. Ng. Jotindra, learned counsel for the petitioners, and Mr. Kh. Samarjit, learned DSGI for the Union of India along with Ms. Captain Shireen Shukla, OIC, Legal Cell, Manipur High Court.

[2] The brief facts of the case is that the Director Recruitment, Army Recruiting Officer, Rangapahar, Dimapur issued a notification dated 04.07.2022 for conducting a Army Recruitment Rally (For Men) under Agnipath Scheme from 23.11.2022 to 05.12.2022 for all District of Manipur at Leimakhong, Manipur for the post of Agniveer (General Duty), Angiveer (Technical), Agniveer (Clerk/Store Keeper Technical), Agniveer (Tradesmen) in Army as per the rules and regulation of Indian Army/Government of India. The online registration for the said recruitment started from 05.07.2022 and closed on 03.08.2022.

[3] The petitioners passed the certificate “C” Examination held under the authority of the Ministry of Defence, Govt. of India. The NCC “C” certificates were issued by the Addl. Director General, NCC, Shillong in favour of the petitioners and as such, they fulfilled all the essential as well as desirable qualification prescribed for Recruitment to the post of Agniveer (General Duty) in Indian Army under the Ministry of Defence, Govt. of India. The petitioners applied for the said post of Agniveer (General Duty) for the said recruitment through online as per the prescribed format given in the notification dated 04.07.2022. Thereafter, all the petitioners were allowed to attend the physical Fitness test held during 23.11.2022 to 05.12.2022 as per their respective schedule allocated by the Recruitment authorities and as per the criteria of the recruitment notification, the petitioner Nos. 1 to 5 got excellent in 1.6 Km run and qualified as Group-I having completed 10 pull ups and also qualified 9 feet Ditch (Jump) and Zig-Zag balance. Similarly, the petitioners Nos. 6 to 22, 23 to 26 and 27 to 29 were also qualified as Group – II having completed 10 pull ups, 9 pull ups and 8 pull ups respectively and they also qualified 9 feet Ditch (Jump) and the Zig-Zag balance.

[4] On completion and having qualified for physical fitness Test, all the petitioners were allowed for Medical Test on the next following day of their respective physical test as allocated by the Recruitment authorities. Having being qualified for the said Medical Test, the petitioners were issued with their respective admit cards for Common Entrance Examination (CEE) which held on 15.01.2023 at Rangapahar Military Station, Dimapur, Nagaland. On 15.01.2023 while reaching at Rangapahar Military Station, Dimapur, Nagaland, for the CEE, the petitioners were informed not to appear for the examination being NCC “C” Certificate holders since all the NCC “C” Certificate holders were exempted from appearing the CEE. Thereafter, on declaration of the result of the said recruitment by uploading in official website of the Indian Army on 27.01.2023, the present petitioners were not selected whereas some other NCC “C” Certificate holders who participated in the same recruitment were selected in the same post of Agniveer (General) Duty) and they were called for reporting to ARO Rangapahar for preliminary documentation for dispatch to Regimental Centres as per the district wise schedule given in the said result.

[5] It is submitted that the act of the respondents selecting some candidates of NCC “C” Certificate holders without considering the case of the petitioners are arbitrary, malafide and quite discriminative. In fact, the respondents acted in pick and choose manner by selecting some NCC “C” Certificate holders who are similarly situated with the present petitioners because the score obtained by all the candidates appeared in the said Recruitment test were not disclosed. Hence, the result of the Agniveer (General Duty ) vide Annexure A/5 is liable to be quashed.

[6] Thereafter, being aggrieved by the said result