* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 14.02.2025 Pronounced on: 09.04.2025 + W.P.(C) 13594/2022 SUNIL SINGH DEV .....Petitioner Through: Mr. M.K. Bhardwaj, Mrs. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannah, Mr. Himanshu Bhardwaj, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Akshay Amritanshu, Adv.

with Sh. Devender Singh, DC JAG CORAM:

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

J U D G M E N T

SHALINDER KAUR, J

1. The petitioner in the present proceedings under Article 226 of the Constitution of India, has challenged the action of the respondents in not treating the petitioner as eligible at par with his batchmates and juniors appointed on clearing the Central Armed Police Force (CAPF) (Sub Inspector) Examination – 2012, as being illegal. He further seeks a direction to the respondents to promote him to the rank of Inspector (GD) with effect from 25.01.2018, the date on which his junior, namely Sh. Om Prakash (Regiment No. 130031109) and other Signature Not Verified Digitally Signed W.P.(C) 13594/2022 Page 1 of 14 batchmates were promoted.

BRIEF FACTS

2. The relevant facts discerned from the record are that the petitioner, aspiring to join the CAPF, upon an advertisement being issued for recruitment to the post of Assistant Sub Inspector (ASI) and Sub Inspector (SI) in the year 2012, applied for the post of Sub Inspector (SI). The petitioner qualified for the Competitive Examination as well as the Physical Endurance Test (PET) conducted by the Staff Selection Commission. The respondent no. 3 declared the final result on 01.02.2013, however, the name of the petitioner was kept in the list of ‘withheld category’.

3. It appears that by an order dated 28.06.2013, the respondent no. 3/Staff Selection Board debarred the petitioner and others, for a period of five years, from appearing in any examination conducted by the respondent no. 3. Aggrieved of the same, the petitioner and others filed a Writ Petition, being W.P. (C) No. 5060/2016, which was disposed of by this Court, vide its order dated 31.10.2014, holding and directing as under:

“2. The main grievance raised by the petitioners is that the show cause notice served upon them by the respondents did not disclose any reasons, for concluding that the petitioners indulged in malpractices except on a post-examination analysis conducted by respondent No.2/ Staff Selection Commission and that the petitioners have no knowledge as to what material was available with the respondents that led to the cancellation of their candidature as well as their subsequent debarment from appearing in any Signature Not Verified Digitally Signed W.P.(C) 13594/2022 Page 2 of 14 examinations, for a period of five years.

3. The learned counsel for the parties submit that the case of the petitioner is squarely covered by the judgment of this Court in W.P. (C) No. 6830/2013 titled as Avtar Singh vs. Union of India and Ors, decided on 16th September 2014. We accordingly give the same directions in the present petition as well. 4. We are of the view that in the absence of any material in the show cause notice dated 28.06.2013, the said show cause notice deserves to be quashed and we accordingly quash the same.

5. We also give an opportunity to the respondents to serve a fresh show cause notice to the petitioners, if they so desire, and the same should contain the exact reasons, based on which they found that the petitioners had indulged in any kind of malpractice. In that event, the petitioners will have the right to file a reply and thereafter, the respondents shall pass a speaking and reasoned order therein.”

4. Dissatisfied by the same, the petitioner and others also filed a Review Petition, being Review Petition No. 519/2014, which was disposed of by this Court, vide its order dated 01.12.2014, with a direction to the respondents that, in case no adverse material is found against the petitioner, the respondents shall proceed to appoint the petitioner and