JUDGMENT

C. HARI SHANKAR, J.

A. Facts

I. Uncontested facts

1. The petitioner joined the Indian Army¹the Army hereinafter as Sepoy on 28 August 2004. He was promoted as Havildar Major (Technical) on 27 September 2015. At the time of his promotion, he had executed a five year bond with the Army, which was discharged on 27 September 2020.

2. Vide letter dated 14 March 2019, the Ministry of Home Affairs²MHA hereinafter nominated the Central Reserve Police Force³CRPF hereinafter as the nodal force to conduct a Physical Standard Test⁴PST hereinafter, Physical Efficiency Test⁵PET hereinafter and Medical Standard Test⁶MST hereinafter of candidates who qualified the written test forming part of the CAPFs⁷Central Armed Police Forces (AC⁸Assistant Commandants) Examination 2019⁹the examination hereinafter for recruitment to the post of AC in the CAPFs¹⁰CAPFs hereinafter.

3. The examination was to consist of a written test followed by PST/PET followed by MST, followed by interview/personality test.

4. On 15 April 2019, the commanding officer of the petitioner issued “a Form of Certificate for Serving Personnel¹¹the Serving Personnel Certificate hereinafter”, below which the petitioner subscribed to an undertaking, pertaining to the 2019 examination. The Certificate and Undertaking read thus:

5. Vide notification dated 24 April 2019, the Union Public Service Commission¹²UPSC hereinafter notified the 2019 CAPFs (Acs) examination.

6. The petitioner applied as an Ex-Serviceman¹³ESM hereinafter. He cleared the written test, the PST/ PET and the MST and was called for interview.

7. Thus far, the parties before us are ad idem on the facts.

II. Stand of the petitioner in the writ petition

8. According to the petitioner, on or around 6 November 2019, the bag which contained all his documents was stolen. This resulted in considerable mental anguish to the petitioner. As a result, though the petitioner lodged a First Information Report¹⁴FIR hereinafter on 6 November 2019 with the Police authorities, regarding the theft of his bag and the documents contained therein, the petitioner, instead of stating that the Serving Personnel Certificate issued by the Commanding Officer had been stolen, mistakenly stated that his ESM ID had been stolen.

9. On 5 February 2021, the results of the written test were declared by the UPSC. The petitioner was among the successful candidates.

10. Having come to know that he had qualified in the written test, the petitioner, on the very next day, i.e. 6 February 2021, applied for discharge from the Army. The petitioner’s case was recommended by the Army in March 2021.

11. According to the petitioner, his discharge from the Army was delayed on account of the intervening COVID-19 pandemic. On 5 October 2021, a list of candidates who could be permitted discharge from army service on compassionate grounds in March 2022 was released by the Army. The petitioner’s name figured in the list. Ultimately, the petitioner was discharged from the Army on 31 March 2022.

12. In the interregnum, on 17 August 2021, the UPSC addressed a detailed communication to the petitioner, levelling the following allegations:

(i) The petitioner had, by earlier communications dated 16 March 2021, 20 May 2021 and 29 June 2021 of the UPSC, been requested to submit Proforma IV, but had failed to do so.

(ii) 10% of vacancies following the 2019 examination were earmarked for ESM, as per the MHA Notification dated 24 April 2019 whereby the examination was notified. “Ex-serviceman” was defined in the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979¹⁵The 1979 Rules hereinafter. The 1979 Rules had been amended by the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules, 2012¹⁶The 2012 Amendment Rules hereinafter, notified by the DOPT on 4 October 2012. Rule 5(c) of the 1979 Rules as amended in 2012, read thus:

“For appointment to any vacan