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2026 Supreme(Online)(Del) 6595

IN THE HIGH COURT OF DELHI AT NEW DELHI


Judgment reserved on: 30.04.2026


Judgment pronounced on: 02.05.2026


W.P.(C) 17736/2025 & CM APPL. 73299/2025


DEEPAK KUMAR & ORS. .....Petitioners


Through: Mr. Joby P Varghese, Ms. Rashi and Mr. Aby P Varghese, Advs.


versus


BORDER SECURITY FORCE & ANR. .....Respondents


Through: Mr. Vikram Singh Dalal, Senior Panel Counsel alongwith Mr. Pankaj Kumar, and Mr. Satwik Mitra, Advs.


W.P.(C) 3642/2026 & CM APPL. 17769/2026


DEEPAK KUMAR & ORS. .....Petitioners


Through: Mr. Joby P Varghese, Ms. Rashi and Mr. Aby P Varghese, Advs.


versus


BORDER SECURITY FORCE & ANR. .....Respondents


Through: Mr. Syed Abdul Haseeb, CGSC with Ms. Nasreen Khatoon, G.P for UOI with Mr. Muhammad Aamir Khan and Mr. Syed Abdur Rahman, Advs.


CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL, HON'BLE MR. JUSTICE AMIT MAHAJAN

J U D G M E N T

AMIT MAHAJAN, J.

1. By the present writ petitions, the Petitioners essentially seek issuance of a writ in the nature of certiorari thereby setting aside the decision of the Respondents - rejecting the application of the respective Petitioners for consideration to the post of Constable (GD) sports quota – 2025 in the BSF in terms of the advertisement dated 10.10.2025 (in W.P.(C) 17736/2025) and advertisement dated 19.12.2025 (in W.P.(C) 3642/2026).

2. Succinctly stated, the pertinent facts germane to the adjudication of the present petitions are as follows:

2.1. The Petitioners in the respective petitions are stated to be sportspersons who participated in various junior level National and State Championships organised by various sports federations in India.

2.2. By advertisement dated 10.10.2025, Respondent No. 1 invited online applications towards certain vacancies for the recruitment of meritorious sportspersons to the post of Constable (General Duty) under sports quota 2025 in the BSF. The Petitioners in W.P.(C) 17736/2025 also applied in the recruitment process against the vacancies under respective sporting activities, however, despite the commencement of physical and medical examination of the candidates, the Petitioners were not issued admit cards for participation in the selection process. Upon enquiry, the Petitioners learnt that their sports certificates were not acceptable and did not conform to the terms of the advertisement. It is the case of the Petitioners that they fulfilled the eligibility criteria as stipulated under the Advertisement dated 10.10.2025, and that certain similarly situated candidates with similar certificates were shortlisted, selected and even appointed as Constable (GD) sports quota by Respondent No. 1.

Aggrieved by the same, the Petitioners filed W.P.(C) 17736/2025.

2.3. Similarly, another advertisement dated 19.12.2025 was issued by Respondent No.1 for selection to the post of Constable (GD) under the sports quota – 2025. Thereafter, the Petitioners in W.P.(C) 3642/2026 submitted their application forms along with supporting certificates in respect of different sporting activities. The Petitioners herein were also not issued admit cards by Respondent No. 1 to participate in the selection process. Akin to the grievance raised by the Petitioners in W.P.(C) 17736/2025, the Petitioners in W.P.(C) 3642/2026 also contend that they were rejected on the ground that their certificates did not conform with the conditions stipulated in the advertisement. They further contend that similarly situated candidates have been appointed as Constable (GD) under the previous advertisement. Consequently, the Petitioners filed W.P.(C) 3642/2026.

3. By order dated 24.11.2025, this Court permitted the Petitioners in W.P.(C) 17736/2025 to participate in the further selection process as sports quota candidates subject to the outcome of the Petition. Vide order dated 08.04.2026, this Court recorded the submission made on behalf of the Petitioners in W.P.(C) 17736/2025 that out of 05 Petitioners, 03 Petitioners have been qualified and with respect to the remaining 02 Petitioners, W.P.(C) 17736/2025 is rendered infructuous.

4. The learned counsel for the Petitioners submitted that the rejection of the candidature of the Petitioners in the respective petitions is discriminatory and violative of Article 14 of the Constitution of India. He submitted that the Petitioners in the respective petitions meet the eligibility criteria stipulated under the respective advertisements.

5. He submitted that the selective acceptance of certificates from the same federation for other candidates while rejecting those of the Petitioners is manifestly arbitrary. He submitted that without any verification of the authenticity and recognition of the certificates submitted by the Petitioners, summary rejection of their candidature is wholly arbitrary. He submitted that once Respondent No. 1 previously accepted similar certificates from the

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