Advocates:
['K N SHARMA', '', 'NAMESINGH GURJAR', 'DEVESH KUMAR BANSAL']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 25326/2018

Sanjay Kumar S/o Sh. Nandlal, Aged About 28 Years, Resident

Of Village And Post - Leekhwa, Police Station - Pilani, District -

Jhunjhunu, (Rajasthan) Pin Code -333031.

----Petitioner

Versus

1.

Union Of India Through Its Secretary, Ministry Of Home

Affairs, Govt. Of India, New Delhi.

2.

The Director General, CISF, CGO Complex, Lodhi Road,

New Delhi-110003.

3.

The

Chairmen,

CISF

Constable/driver

And

Constable/DCPO Recruitment Center, CISF Unit, IOC

Mathura, Post-Mathura Refinery, Mathura, Uttar Pradesh,

Pin Code-281005.

4.

Shri Dineshor Tongbram, Dy. Commandant, Member-I,

CISF Constable/driver/DCPO Recruitment Center, IOC

Mathura, Post- Mathura Refinery, Mathura, Uttar Pradesh,

Pin Code-281005.

----Respondents

Connected with

S.B. Civil Writ Petition No. 24600/2018

Dharmendra Singh S/o Sh. Manphool Singh, Aged About 28

Years, Resident Of Village - Chananiyo Ki Dhani, Post - Jakhod,

Police Station - Surajgarh, District - Jhunjhunu, (Rajasthan) Pin

Code-333033.

----Petitioner

Versus

1.

Union Of India, Through Its Secretary, Ministry Of Home

Affairs, Govt. Of India, New Delhi.

2.

The Director General, CISF, CGO Complex, Lodhi Road,

New Delhi-110003.

3.

The

Chairmen,

CISF

Constable/driver

And

Constable/DCPO Recruitment Center, CISF Unit, IOC

Mathura, Post-Mathura Refinery, Mathura, Uttar Pradesh,

Pin Code-281005.

4.

Shri Dineshor Tongbram, Dy. Commandant, Member-I,

(2 of 4)

[CW-25326/2018]

CISF Constable/driver/DCPO Recruitment Center, IOC

Mathura, Post- Mathura Refinery, Mathura, Uttar Pradesh,

Pin Code-281005.

----Respondents

For Petitioner(s)

:

Mr. Nemsingh Gurjar

For Respondent(s)

:

Mr. Devesh Kumar Bansal, Sr. Counsel

with Mr. Arun Kumar Sharma

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

21/03/2022

Since the controversy involved in both the writ petitions is

identical, hence same are being decided by a common order.

Instant writ petitions have been filed with the following

prayers:-

“It is, therefore, most respectfully prayed that this

petition may kindly be accepted and allowed and:-

1.

By appropriate writ and order direct to the

respondents for withdraw the rejection letter dated

08.09.2018 issued by the respondent No.4.

2.

By appropriate writ and order direct to the

respondents to take again driving trade test of the

petitioner in the presence of concerned Supervisory Officer,

i.e. Dy. Inspector General.

3.

By appropriate writ and order direct to the

respondents not to adopt pick and choose policy by way of

any means.

Any other appropriate order or direction, which this

Hon’ble Court may deem just and proper, be passed in the

interest of justice and to grant adequate relief to the

humble petitioner.”

Learned counsel for the petitioners submits that in pursuance

of the advertisement (Annexure-1), the petitioners participated in

the process of selection for appointment on the post of

Constable/Driver conducted by the respondents. Counsel

submitted that due to weather conditions/heavy rains the visibility

was low as a result of which they failed in the said test. Counsel

(3 of 4)

[CW-25326/2018]

further submitted that the weather condition was in-conducive for

proper testing as a result of which they were arbitrarily denied a

fair opportunity to compete. Counsel further submitted that the

petitioners were directed to clear an obstacle by the vehicle, but

when the petitioners started to do the same, they were abruptly

stopped by some constables/drivers from doing so due to which

the petitioners could not pass that obstacle and on that count their

candidature was rejected by the respondents. Lastly, counsel for

the petitioners argued that under the facts and circumstances of

the case, the respondents should be directed to conduct driving

trade test of the petitioners again in the pres