Delhi High Court - Orders
Salim Khan vs Union Of India And Others on 14 July, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10578/2022
SALIM KHAN ..... Petitioner
Through: Mr.O.P. Agarwal & Mr.Sarsar
Kumar, Advs.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr.Subhash Tanwar, CGSC with
Mr.Sandeep Mishra, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 14.07.2022 CM APPL. 30627/2022 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of. W.P.(C)10578/2022 & CM APPL. 30626/2022
3. Present petition has been filed seeking directions to the respondents to draw afresh final selection merit list in respect of Constables (Crew) by deleting the names of suspected candidates and direction to keep one post of Constable (Crew) in Water Wing, BSF reserved for the petitioner till disposal of the present petition.
4. Learned counsel for the petitioner submits that prior to the filing of this petition, the petitioner had issued legal notice dated 23.03.2022 W.P.(C) 10578/2022 Page 1 of 3 seeking both the aforementioned relief(s) and the respondents in its reply dated 04.04.2022 stated as under:
"3. With regard to elimination of candidates from the final merit list, it is to mention that, candidature of total 16 candidates mentioned at senial No.6, 15, 16, 20, 25, 28, 32, 34, 43 & 47 (Unreserved category), Serial No.7, 17, 23 & 27 (OBC category) and Serial No.2 of SC category of final result published on 17.02.2022, was kept as suspected on account of mismatch in their biometric data. However, these candidates were allowed to appear in the recruitment process after due verification of their identity on the basis of photographs, valid identity proofs etc. as available in their dossier. Those candidates were not excluded from the final merit list keeping in mind the common/frequent technical errors/snags experienced in biometric authentication as well as to avoid arising of undue litigation/representation. However, in order to ensure fairness, appointments of suspected candidates was therefore kept on hold "Subject to Verification Of Thumb Impression/Signature/ Handwriting From Central Forensic Science Laboratory (CFSL)" and their offer of appointment has also been withheld till receipt of satisfactory verification report."
5. Since the fate of suspected candidates mentioned in para 3 above is W.P.(C) 10578/2022 Page 2 of 3 to be decided, therefore, concerned Central Forensic Science Laboratory (CFSL) is directed to prepare a final report qua the petitioner subject to the verification of Thumb Impression/Signature/Handwriting sent by the respondents within six weeks from today and then transmit the said final report to the concerned respondents. On receipt of the same, respondents shall take further steps and fill up the total vacancies as per the advertisements.
6. With aforesaid directions, petition is disposed of.
7. A copy of this order be transmitted to the Incharge CFSL concerned without delay.
SURESH KUMAR KAIT, J SAURABH BANERJEE, J JULY 14, 2022/ab W.P.(C) 10578/2022 Page 3 of 3