Delhi High Court - Orders
Vivek Kumar Singh & Anr vs Union Of India & Ors on 5 May, 2022
Author: Suresh Kumar Kait
Bench: Suresh Kumar Kait, Sudhir Kumar Jain
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5832/2022
VIVEK KUMAR SINGH & ANR. .... Petitioners
Through: Mr. P. Sureshan, Advocate
versus
UNION OF INDIA & ORS. .... Respondents
Through: Ms. Garima Sachdeva, Advocate
with Mr. Abhishek Khanna, GP
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 05.05.2022 CM APPL. 17506/2022 (exemption)
1. Allowed subject to all just exceptions.
2. The application is accordingly disposed of. W.P.(C) 5832/2022
3. Vide the present writ petition, the petitioners seek following relief:
"a) To issue a writ of mandamus declaring that, insisting mandatory condition of 'should have clean record of service' for the candidate appearing for the post of Asst commandant in CISF through LDCE is ultra vires to the fundamental rights guaranteed by article 14 and 16 of the Constitution of India.
b) Quash and set aside the stipulation of "should have clean record of service till issue of offer of appointment "contained in contained in clause 3 of the Rules for a Limited Departmental Competitive Examination to be W.P.(C) 5832/2022 Page 1 of 3 held by the Union Public Service Commission in 2021 for the purpose of filling vacancies of Assistant Commandants (Executive) in Central Industrial Security Force (CISF) for the vacancy year 2021" issued by the Ministry of Home, the respondent No.1.
c) Quash and set aside the letters dated 27.1.2022 and
4.3.2022 issued by the respondent whereby the petitioners had been debarred from attending the LDCE examination for the post of Asst. Commandant in CISF on account of minor penalty. Or in the alternative
d) Read down and clarify that, Stipulation of "should have clean record of service till issue of offer of appointment "contained in contained in clause 3 of the Rules for a Limited Departmental Competitive Examination to be held by the Union Public Service Commission in 2021 for the purpose of filling vacancies of Assistant Commandants (Executive) in Central Industrial Security Force (CISF) for the vacancy year 2021" issued by the Ministry of Home, the respondent No.1 must not be apply for the minor penalty awarded prior to the date of submitting application by following the observation made by the division bench of this court in W.P.(C) No.7563/2015 dated 11.8.2015 Ct/GD Girish Kumar Vs UOI & ORS.
e) Pass a consequential order directing the respondents to permit the petitioners to appear for the future LDCE examination to be held by the respondent CISF for filling up of the post of Asst. Commandant by ignoring the minor penalty awarded to them.
f) Direct the respondents to pay cost of this litigation to the petitioner.
g) Any other further order/relief which is Hon'ble Court may deem fit and proper in the facts and circumstances of the case, may also be passed in favour of the petitioner and as against the respondent."
4. Notice issued.
5. Learned counsel for respondents accepts notice and seeks W.P.(C) 5832/2022 Page 2 of 3 time to file counter-affidavit.
6. Let needful be done within six weeks. Rejoinder thereto, if any, be filed within four weeks thereafter.
7. Renotify on 21.11.2022.
SURESH KUMAR KAIT, J SUDHIR KUMAR JAIN, J MAY 5, 2022/rk W.P.(C) 5832/2022 Page 3 of 3