Vikram Swami v. Union of India and Ors

SUBRAMONIUM PRASAD, J. MAY 18, 2023 aks

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 18.05.2023 % W.P.(C) 12949/2021 and C.M. Nos. 40781/2021, 43477/2021, 30337/2022 & 30344/2022 VIKRAM SWAMI ..... Petitioner Through: Mr. Ankur Chhibber, Mr. Anshuman Mehrotra & Mr. Nikunj Arora, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Anurag Ahluwalia, CGSC, for Respondents No.1 to 3/ UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD SATISH CHANDRA SHARMA, CJ. (ORAL) 1. The Writ Petition has been filed stating it to be in public interest and would benefit a large number of citizens who aspire to join the armed forces. 2. The Petitioner"s grievance is that the Indian Navy is discriminating in the matter of recruitment of personnel below officer rank (PBOR) by evolving a short-listing criteria even before the written examination, and the act of the Indian Navy in short-listing the candidates even before the commencement of examination is bad in law. The Petitioner has prayed for the following reliefs. "a) Issue a Writ of Certiorari for quashing of the advertisement issued by the Respondents in the employment news dated 16-22 October, 2021 to the extent whereby the Indian Navy has reserved its right for short listing the Applicants by increasing the cut off marks obtained by them in class 10+2 examination, contrary to the already laid down eligibility criteria in the said advertisement, after their applications were received by them for recruitment as PBOR(s) in the Indian Navy; and b) Issue a Writ of Mandamus directing the Respondents to consider all candidates, who are fulfilling the eligibility criteria laid out in the advertisement, to take part in the selection process by issuing admit cards to them for the post they have applied for; and c) Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case." 3. The Petitioner in the Writ Petition has described the process of recruitment of enrollment as a personnel below officer rank in the armed forces. He contended that Army, Air Force and Navy conducts their independent selection process through various selection boards. 4. The Petitioner has further stated that earlier also, a PIL was preferred i.e. W.P.(C.) No. 8678/2017 titled Onkar Choudhary Vs. Union of India & Ors. challenging the methodology adopted by the Navy and Air Force in short-listing the candidates by increasing the cut-off marks obtained by the candidates in class 10+2 examination, and during the pendency of the aforesaid Writ Petition, the Indian Air Force as well as Indian Navy had filed an affidavit and the grievance raised in the PIL was redressed. The PIL preferred in the aforesaid matter was disposed of on 24.04.2019. However, the Indian Navy still continuing with the process of short-listing candidates by increasing the cut-off marks obtained by them in the class 10+2 examination. The Petitioner has prayed for quashment of the advertisement published in Employment News dated 16-22.10.2021. The advertisement dated 16-22.10.2021 is reproduced as under: "" 5. A detailed and exhaustive reply has been filed on behalf of Respondents, and the Respondents have stated that the Petitioner does not have any locus to file the Petition. It is further stated that the present case is a Public Interest Litigation in a service matter which deserves to be dismissed. 6. The Respondents have also stated that the Petitioner is guilty of suppressing facts before this Court by stating that he does not have any personal interest in the litigation but, in fact, the Petitioner himself was an Applicant for sailor"s entry, and submitted his application for the post of Sailor in Indian Navy as Artificer Apprentice (hereinafter to be referred as "AA")/ Senior Secondary Recruit (hereinafter to be referred as "SSR") during the year 2019, 2020 and 2021 for entry into Matric Recruitment (hereinafter to be referred as "MR") in the October 2020 batch. 7. The R