WP(C)Nos.2887/2012 & 2893/2012 Page 1 of 38

*IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 4^th December, 2012

Date of decision: 21^st December, 2012

+

W.P.(C) 2887/2012

MAN SINGH

..... Petitioner

Through :

Mrs. Rekha Palli,

Ms. Punam Singh and

Ms. Amrita Prakash, Advs.

versus

UNION OF INDIA AND ORS ..... Respondents

Through :

Mr. Ruchir Mishra, Adv.

for R-1 to 3.

Mr. Naresh Kaushik and

Mr. V. Nagpal, Advs.

for R-4.

+

W.P.(C) 2893/2012

AJAY TRIPATHI

..... Petitioner

Through :

Mrs. Rekha Palli,

Ms. Punam Singh and

Ms. Amrita Prakash, Advs.

versus

UNION OF INDIA AND ORS ..... Respondents

Through :

Mr. Ruchir Mishra, Adv.

for R-1 to 3.

Mr. Naresh Kaushik and

Mr. V. Nagpal, Advs.

for R-4.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL

HON'BLE MR. JUSTICE J.R. MIDHA

2012:DHC:7620-DB

WP(C)Nos.2887/2012 & 2893/2012 Page 2 of 38

GITA MITTAL, J.

1.

The instant case raises two pertinent questions. The first

issue raised in these petitions is whether the appointment to the

rank of Assistant Commandant in the Central Industrial Security

Force (CISF) by Limited Departmental Competitive Examination

(hereinafter referred to as „LDCE‟) tantamounts to appointment by

promotion or is a direct recruitment appointment. The second

question which has been raised is as to whether the respondents can

legally prescribe two medical standards for eligibility of candidates

to the same post, one for those to be selected through LDCE for the

rank of Assistant Commandant, and, the second for candidates who

are promoted to the said rank from the rank of Inspector (the feeder

cadre for the promotion to the rank of Assistant Commandant) in

the same organization.

2.

Before examining these two issues, we may briefly consider

the facts giving rise to these petitions which are undisputed.

3.

Man Singh, the petitioner in the writ petition bearing

WP(C)No.2887/2012 had joined the CISF on 22^nd May, 2003 as a

Sub Inspector (Executive). Ajay Tripathi, the petitioner in writ

petition bearing WP(C)No.2893/2012 had joined the CISF on 18^th

May, 2003 as Sub Inspector (Executive). Both of them had

successfully cleared the Annual Range Classification (ARC), i.e.,

firing test conducted by the department every year since 2003 to

2011. Both the petitioners are stated to have also undertaken the

2012:DHC:7620-DB

WP(C)Nos.2887/2012 & 2893/2012 Page 3 of 38

Basic Training Pre Commando Course and Promotion Course in

the year 2010 for promotion from the post of Sub Inspector to

Inspector. The writ petitions state that the petitioners had

successfully qualified the Screener Certificate and performed the

duties of Screener at Airports which includes operation of the X-

ray Baggage Inspection Machine with utmost efficiency.

These facts are not disputed by the respondents.

4.

Vide a notification dated 16^th April, 2011, the respondent

no.1 invited applications from departmental candidates for filling

up vacancies of Assistant Commandant (Executive) for the vacancy

year 2010 and 2011. Since both Man Singh and Ajay Tripathi

were fulfilling all eligibility conditions, they applied for the same

and appeared in the written examination which was held on 19^th

June, 2011 by the Union Public Service Commission (hereinafter

referred to as UPSC), the respondent no.4 herein.

5.

Both the petitioners had successfully qualified the written

test as well as the physical efficiency test (PET) held on 21^st

September, 2011 and were directed to appear before the medical

board for the medical examination for selection to the said rank.

Man Singh and Ajay Tripathi appeared before the Medical B