Maj Parul Pargal (Retd) v. Union of India and Ors

J U D G M E N T (oral)

¶1Vide the present petition, the petitioner is seeking following reliefs: " (a) To pass Writ in the nature of Certiorari to set aside the result: Declared on 06.04.2023 For The Post Of Veterinary Assistant Surgeon (Assistant Commandant) Group-A, Gazetted (Combatised) (Non-Ministerial);

(b) Issue a writ of mandamus or any appropriate writ, order of direction directing respondents to declare result for ex-serviceman candidates with separate cut off at par with other reserved category candidates;

(c) Issue a writ of mandamus or any appropriate writ, order of direction to allow the petitioner to participate in further recruitment process if petitioner succeeds in the present petition."

¶2Learned counsel for the petitioner submits that for the aforesaid reliefs, the petitioner has already made the Representation dated 28.03.2023 to the respondent No. 2/Director General, Border Security Force, however, till date, the said Representation dated 28.03.2023 of the petitioner has not yet been decided by the respondent No. 2/Director General, Border Security Force.

¶3We hereby dispose of the present petition directing the respondent No.2/ Director General, Border Security Force to decide the said Representation dated 28.03.2023 of the petitioner within four weeks from today.

¶4The decision, so taken, shall be communicated to the petitioner with a reasoned order within one week thereafter.

¶5We hereby make it clear that if the representation is decided by the respondent No. 2/ Director General, Border Security Force in favour of the petitioner, the respondents shall allow the petitioner to join the selection process.

¶6It is further made clear that till the decision is taken on the representation of the petitioner, the ex-servicemen vacancy, if not filled by the same category, then one vacancy shall not be filled up by the other category.

¶7Accordingly, the present petition is disposed of.

¶8Needless to say if the petitioner is still aggrieved by the decision of the respondents, he may challenge the same before the appropriate forum.

CM APPL. 26921/2023

¶9In view of the order passed in the Writ Petition bearing No. W.P.(C) 6908/2023, the present application is also disposed of.

(SURESH KUMAR KAIT) JUDGE

(NEENA BANSAL KRISHNA) JUDGE

MAY 22, 2023/va

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd May, 2023 + MAJ PARUL PARGAL (RETD) ..... Petitioner Through: Mr. Ajit Kakkar, Advocate. versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr. Jaswinder Singh and Mr. Gurjas Singh Narula, Advocates with Sh. Hemendra Singh DC, Law, BSF. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA