O R D E R

This Writ Petition has been filed to direct the second respondent to select the petitioner for the post of Soldier Tradesman (Less Musician) and confer all consequential benefits to him.

2.The brief facts of the case are that the petitioner, a Kerala citizen, has a Certificate 'C' from the National Cadet Corps (NCC). One Mr.Gopu Mohan, who is currently serving in the Indian Army as SIGMN of 71 IDSR, is his brother, and the same was recorded in the petitioner's service record. As per the Notification dated 15.04.2019, issued to the second respondent, stating that a recruitment rally under Unit Headquarters Quota to be held at the Madras Regimental Centre, Wellington, The Nilgiris on 27.5.2019 to fill up the posts of, Soldier GD (General Duty), Soldier Tradesman (Less Musician) and Soldier Tdn (Musician) and these vacancies were notified State-wise. The Petitioner applied to the post of Solder Tradesman (Less Musician). The recruitment under the said Notification dated 15.4.2019 was published only to the Wards of Serving Soldiers/Ex Serviceman/Widow/ War Widow & Real brothers of serving Soldier/Ex Serviceman. The said Notification dated 15.4.2019 called for applications to fill up the above said posts. The recruitment process consists of Documentation verification;

Physical Fitness Test; Medical Examination and Common Entrance Examination (CEE). In other words, in the first phase, the certificates and testimonials of the applicant are verified and when the same are in order, the applicant is required to undergo a physical test followed by a medical examination. Thereafter, if the applicant is successful in the physical test and medical examination, they will be issued the Admit Card for the Common Entrance Examination. While applying for the said post, the petitioner submitted a Relationship Certificate, which was issued by the Indian Army to the petitioner's brother, viz., Mr.Gopu Mohan, on 12.01.2018, as part of his application in response to the notification dated 15.04.2019. Apart from that, the petitioner has fulfilled all the eligibility criteria for the recruitment process for the Soldiers Tradesman such as 10th standard passed and obtaining a minimum of 33% in each subject. Therefore, the Petitioner successfully completed the recruitment process by way of documentation, physical fitness test and the medical examination. As per the eligibility criteria for the recruitment process of the Indian Army, being the holder of Certificate 'C' issued by the National Cadet Corps, he was exempted from the Common Entrance Examination (CEE). Even though he was exempted, he is required to appear for the Common Entrance Examination. Therefore, moving to the next level, the petitioner was called for the Common Entrance Examination by issuing admit card bearing Roll No.MRW/KER/ TN/241119/54573. The petitioner duly appeared for the Common Entrance Examination on 24.11.2019, thereby, he complied with all the terms and conditions as per the said notification. While publishing the result, the petitioner's name was not there in the result and he came to know that he was not selected for the post of Soldier Tradesman (Less Musician) by the second respondent, even though he fulfilled all the recruitment process. The second respondent did not give any explanation whatsoever as to why the petitioner was not selected even after the successful completion of the recruitment processes. Therefore, according to the petitioner, it is a violation of the fundamental rights under Articles No.14 and 21 of the Constitution of India. Having no other option, the petitioner laid the present Writ Petition before this Court to meet the end of justice.

3. A counter affidavit was filed on behalf of the respondents on

14.12.2021 and in which paragraphs Nos.4, 5 & 8 are as follows:-

“4. I respectfully submit that availability state and required standard of vacancies for recruitment rally in each Trade/Group against various was follows:-

(a) Soldier GD. Candidate