Sunny Kumar v. Union of India & Anr

J U D G M E N T (oral)

¶1Vide the present petition, the petitioner is seeking following reliefs: "a.) Setting aside/Quashing the impugned "List of Candidate dt.

12.04.2023, Recommended Petitioner for Appointment to the post of Head Constable (Radio Mechanic) in Advt. dt.

20.08.2022 issued by the Respondents;

b.) direct Respondents to Appoint the Petitioner on the post of "Head Constable (Radio Mechanic) in his respective category as per their merit with all consequential benefits."

¶2Learned counsel on behalf of the respondents, on instructions, submits that the petitioner has cleared all the stages of selection process, namely, (i) Written Test; (ii) Physical Standard Test; (iii) Physical Efficiency Test; (iv) Documentation; and (v) Detail Medical Examination/Review Medical Examination.

W.P.(C) 6697/2023

¶3Though the petitioner had applied for the said post in the Other Backward Caste (OBC) Category through Direct Entry, however, petitioner being the Government Official serving in Sashastra Seema Bal (SSB) on the Post of Constable (WC) at HQ 48th Battalion SSB, Jayanagar, Bihar, the respondents considered the petitioner as a candidate in the category of Departmental and declared him successful in the Written Test i.e., Phase-I. The petitioner scored 91.75 marks in the Written Test out of 200 marks in the category of Departmental. However, the cut-off marks in the category of Departmental for OBC Category was 76 marks.

¶4Learned counsel for the respondents, on instructions, further submits that the marks of the last selected candidate in the Category of OBC through Departmental Entry are 159.75 out of total 200 marks.

¶5Therefore, despite the petitioner clearing all the stages of the selection process could not be successful in making his name in the merit list of the selected candidates.

¶6Considering the submissions made by the learned counsel for the respondents, we find no merit in the present petition, and the same is hereby dismissed along with pending applications.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

MAY 18, 2023 S.Sharma

W.P.(C) 6697/2023 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18th May, 2023 + W.P.(C) 6697/2023 & CM APPLs. 26220/2023, 26221/2023 SUNNY KUMAR ..... Petitioner Through: Mr. Rahul Sinha, Advocate. versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Sushil Raja, Sr. Panel Counsel with Mr. Anubhav Kumar 2IC & Mr. Hemendra Singh, DC (Law) BSF. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA