$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : 23.01.2026 + W.P.(C) 1844/2022 & CM APPL. 5301/2022 VIJENDRA SINGH .....Petitioner Through: Mr. Prashant Vaxish, Mr. Pranav Raj Singh, Mr. Anant Attri, Mr. Fouaad Siddiqui, Advocates.

Versus INDO TIBETAN BORDER POLICE FORCE & ORS ......Respondents Through: Ms. Nidhi Raman, CGSC, Mr. Akash Mishra, Mr. Arnav Mittal, Advocates.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA V. KAMESWAR RAO, J. (ORAL

1. This petition has been filed with the following prayers:- “(a) Issue a writ/order/direction of Mandamus or any other appropriate writ/order/direction to set aside the Orders of Cancellation of Appointment of the Petitioner dated 13.10.2021 & 14.10.2021 issued by the Respondent No. 1, as well as the Recruitment Letter dated 21.01.2022 issued by the Commandant CISF RTC Arakkonam and reinstate the Petitioner to the post of ASI in ITBP;

(b) Issue a writ/order/direction of Mandamus or any other appropriate writ/order/direction to the Respondents to reinstate the Petitioner to the Post of SI in ITBP with the same seniority and benefits;

(c) Issue a writ/order/direction of Mandamus or any other appropriate writ/order/direction to the Respondent No. 2 directing them to rescind their revaluation of the Petitioner and reinstate his status as an eligible candidate for the Post of SI in ITBP;

(d) Pass ad-interim / interim / ex-parte order(s) in respect of the prayers (a) to (c) hereinabove; and (e) Pass any other further order (s) / direction (s) as this Hon‟ble Court may deem fit and proper in the fact and circumstances of the case.”

2. In effect, the petitioner is challenging the order cancelling his appointment as Sub Inspector (SI) in the Indo-Tibetan Border Police (ITBP). He has also sought a consequential prayer that he should be reinstated to the post of SI in ITBP.

3. The facts as noted from the petition are that the petitioner was an Ex- serviceman having retired from the Indian Air Force (‘IAF’); while retiring from the IAF on 29.06.2011, he was issued a Graduation Equivalent Certificate for completing more than 18 years of service. The contents of the said certificate are reproduced as under:-

THE FACTS:-

4. The respondent no.2/Staff Selection Commission (‘SSC’) had in the year 2014 invited applications for the post of SI and Assistant Sub-inspector (‘ASI’) in Delhi Police, CAPFs. The petitioner appeared under Ex- servicemen category in the said selection, on the basis of the deemed Graduation Certificate issued by the IAF.

5. Pursuant to the result declared by SSC, the petitioner was issued an appointment letter declaring him to be appointed to the post of SI in ITBP. There is no dispute that the petitioner was selected to the post of SI in ITBP. While working as SI in ITBP, the SSC vide letter dated 17.10.2019 had cancelled petitioner’s candidature to the post of SI in ITBP and on 09.10.2019, the SSC further revised the result. In the revised result, it was shown that the petitioner is selected to the post of ASI in CISF in the Ex-

servicemen category, accordingly, he was appointed as an ASI in CISF.

6. The impugned order passed by the respondent/ITBP dated 13.10.2021 in paragraphs 4,5 & 6, states the following:

“4. AND WHEREAS, SSC vide their letter No. 1/3/2019-ND- II(NR) dated 04.10.2021 has intimated that "Educational Qualification of the candidate is a non-graduate ex- serviceman who is eligible for consideration for a Group 'C' posts" and requested to forward the dossier to CISF for your appointment as ASI in CISF after cancelling your previous appointment as SI in ITBP.

5. AND WHEREAS, Offer of Appointment was issued on the basis of your selection by SSC, which has now been cancelled by them vide their letter No. 7/01/2014-ND-II dated 17.10.2019 and In the revised result you were declared selected for the post of ASI in CISF with Rank No. SLD/736- A, in Ex-Serviceman category as per your Educational Qualifications.

6. AND NOW THERE