* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 06.02.2025 Pronounced on: 17.04.2025 + W.P.(C) 380/2024 UMESH AND ORS. .....Petitioners Through: Mr.Ankur Chhibber &

Mr.Anshuman Mehrotra, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through: Ms.Avshreya Pratap Singh Rudy, SPC with Ms.Vidhi Gupta, Ms.Usha Jamnal, Ms.Harshita Chaturvedi &

Ms.Hepsiba Bobin, Advs.

AC Vijender Yadav, SI Pardeep M., SI Parhlad Singh, SI Amit Kumar & ASI Harinder Singh, CISF.

+ W.P.(C) 6898/2024 & CM APPLS. 37158/2024, 65872/2024 SACHIN AND ORS. .....Petitioners Through: Mr.Ankur Chhibber &

Mr.Anshuman Mehrotra, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through: Mr.Jagdish Chandra, CGSC with Mr.Shubham Kumar Mishra, Advs. with Mr.Ajay Pal, Law Officer.

Signature Not Verified Digitally Signed W.P.(C) 380/2024 & W.P.(C) 6898/2024 Page 1 of 29 CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

J U D G M E N T

NAVIN CHAWLA, J.

1. These petitions raise a common question of law as to whether the respondents (Central Industrial Security Force (CISF) in W.P.(C) 380/2024 and Central Reserve Police Force (CRPF) in W.P.(C) 6898/2024) can be compelled to operate a Reserve List for the selection to the post of Constable/Driver in CISF pursuant to Notice of Recruitment of Constable/Driver and Constable/Driver-Cum-Pump Operator (Driver for Fire Services) in CISF-2022 (hereinafter referred to as the ‘Recruitment Notice No.1’) and for the post of Head Constable (Ministerial) in the Advertisement for Recruitment of ASI (Steno) and Head Constable (Ministerial)-2022 (hereinafter referred to as the ‘Recruitment Notice No.2’), respectively.

2. As a common question of law arises in these petitions, they are being considered by this common Judgment.

3. Before considering the question of law raised in these petitions, we shall first consider the facts of each of these petitions in which the question of law arises.

4. As far as W.P.(C) 380/2024 is concerned, the respondents-CISF issued the above-mentioned Recruitment Notice No.1 on 21.01.2023, advertising 451 posts for Constable/Driver and Constable/Driver-

Signature Not Verified Digitally Signed W.P.(C) 380/2024 & W.P.(C) 6898/2024 Page 2 of 29 Cum-Pump Operator (Driver for Fire Services), which were further increased to 708 posts by a corrigendum notification dated

03.11.2023.

5. Clause 4.3 of the Recruitment Notice No.1 stated that there will be two stages of recruitment before the Detailed Medical Examination, that is, (a) Physical Standard Test (PST)/Physical Endurance Test (PET), Documentation & Trade Test; and (b) OMR Based/Computer Based Test (CBT) mode written examination. It further stated that the list of provisionally selected candidates post- wise and category-wise will thereafter be uploaded on the CISF Recruitment website and the selected candidates would be called for the Detailed Medical Examination (DME).

6. Clause 11.7.1 of the Recruitment Notice No.1 stated that after completion of written examination, category-wise merit list for General, SC, ST, OBC, EWS & ESM will be drawn separately on the basis of aggregate marks obtained in written test by the candidate, and as two options are available for the two posts advertised, that is, Constable/Driver and Constable/DCPO, allotment of posts will be on the basis of merit-cum-preference.

7. Clause 11.7.5 stated that the final result will be published on CISF Recruitment website. Sub-clause (c) of Clause 11.7.5 specifically stated that no waiting list will be kept/maintained.

8. Clause 11.8.1 and Clause 11.8.2 of the Recruitment Notice No.1 stated that candidates equal to the number of vacancies will be called for the DME.

Signature Not Verified Digitally Signed W.P.(C) 380/2024 & W.P.(C) 6898/2024 Page 3 of 29

9. The petitioners herein had applied for the post of Constable/Driver and DCPO and appeared in the PET/PST and thereafter for the Trade Test. The petitioners claim that they cleared the said examination and appeared for the writte