Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Commandant Raj Kumar Arora vs Union Of India And Anr on 15 October, 2020

Author: Rajiv Sahai Endlaw

Bench: Rajiv Sahai Endlaw, Asha Menon

$~7
*       IN THE HIGH COURT OF DELHI AT NEW DELHI
+       W.P.(C) 8005/2020
        COMMANDANT RAJ KUMAR ARORA                       ..... Petitioner
                         Through: Mr. A.K. Bhardwaj & Ms. Jagrati
                                    Singh, Advs.
                                 Versus
        UNION OF INDIA AND ANR.                        ..... Respondents
                         Through: Mr. Harish Vaidyanathan Shankar,
                                    Ms. Kinjal Shrivastava & Mr. Varun
                                    Kishore, Advs.
                                    Mr. Kavindra Gill, Adv.
        CORAM:
        HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
        HON'BLE MS. JUSTICE ASHA MENON
                   ORDER

%                  15.10.2020

[VIA VIDEO CONFERENCING]
CM No.26065/2020 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 8005/2020

3. The petitioner in this petition is similarly placed as the petitioner in W.P.(C) No.7007/2020 which petition had come up before us on 25th September, 2020 and in which notice has been issued and is listed on 12th January, 2021. The order in W.P.(C) No.7007/2020 is Annexure P-25 to the petition.

4. It is the case of the petitioner, that (i) pursuant to the advertisement published between 25th and 31st May, 1991 inviting applications for the Group A posts of Assistant Commandant/ Deputy Superintendent Of Police/ Company Commander in [BSF/ CRPF/ ITBP respectively] Central W.P.(C) No.8005/2020 Page 1 of 3 Administrative Police Forces (CAPF), the petitioner had participated in the recruitment process comprising of written examination on 15 th September, 1991 and Physical Standard Test / Physical Efficiency Test and on clearing the same, was allocated to the respondents Border Security Force (BSF); (ii) the said allocation of Assistant Commandants to respondents BSF was in four lots i.e. vide letters dated 11th December, 1992, 15th December, 1992, 10th February, 1993 and 20th April, 1993, though all had cleared the same examination; (iii) the name of the petitioner figured at serial no.8 in the lot of 20th April, 1993; and, (iv) the petitioner appeared before the Medical Board on 22nd March, 1993 and was invited to join training commencing from 2nd July, 1993.

5. While the petitioner underwent training with the 17th batch, certain other recruits, who were his co-examinees from the same examination, underwent training in the 16th batch.

6. The grievance is, of recruits through the same examination, who underwent training in different batches owing to exigencies of the respondents themselves, being discriminated for the purposes of seniority and in violation of the Rules of Department of Personnel & Training.

7. Issue notice.

8. Notice is accepted by the counsel for the respondents BSF appearing on advance notice.

9. Counter affidavit be filed within eight weeks.

10. Rejoinder, if any, be filed before the next date.

11. The petitioners have not impleaded as parties hereto, those who are likely to be affected by the orders sought. In our view, the petition suffers from this lacuna. The petitioners may consider.

12. List on 12th January, 2021 along with W.P.(C) No.7007/2020.

RAJIV SAHAI ENDLAW, J ASHA MENON, J OCTOBER 15, 2020 'gsr'..