Delhi High Court - Orders
Mohit Kumar vs Union Of India on 21 October, 2021
Author: Manmohan
Bench: Manmohan, Navin Chawla
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4037/2021 & C.M.No.12204/2021
MOHIT KUMAR ..... Petitioner
Through Mr.Jatin Teotia, Advocate.
versus
UNION OF INDIA ..... Respondent
Through Mr.T.P.Singh,Sr.Panel Counsel with
Mr.Himanshu Pathak, GP.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 21.10.2021 This matter has been taken up for hearing today, as 18th October, 2021 was declared a holiday.
On 26th August, 2021, this Court had passed the following order:-
"The petition has been heard by way of video conferencing.
Learned counsel for CRPF states that as the petitioner had filed the OBC certificate within time, CRPF has recommended consideration of the petitioner's case on merits vide letter dated 25th August, 2021 to the Staff Selection Commission. The relevant portion of the letter dated 25th August, 2021 is reproduced hereinbelow:
"OFFICE OF THE INSPECTOR GENERAL OF POLICE, NORTHERN SECTOR, CRPF. R.K. PURAM, NEW DELHI No. J.II-5486/2021-NS-P/1 Dated, the 25 August, 2021 To Shri Thakur Prasad Singh, Senior Central Govt. Counsel, High Court of Delhi.
New Delhi Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:23.10.2021 18:48:05 Subject:- WPC NO. 4037/2021 filed by Sh. Mohit Kumar (Civilian) Vs UOI before the Hon'ble High Court of Delhi for considering his candidature for the post of CT/GD in CAPFs Examination- 2018 etc. On the subject matter the DIG (Rectt) Dte. vide their letter No.A-VI-850/2018-Rectt(SSB) CT/GD-2018 dated 25/08/2021 has intimated the following facts to the Director, SSC, CGO Complex, Lodhi Road, New Delhi-03 under information to this office:-
"that Roll No.2202060488 Mohit Kumar had appeared for DV/DME at GC, CRPF, Rampur on 22/01/2020 and declared unfit. Accordingly, candidate had preferred an appeal and RME was conducted at ITBP BH Tigri New Delhi Recruitment Centre on 18/09/2020 and declared Fit in RME. The candidate belongs to OBC Category and during documents verification he produced caste certificate before the Recruitment Board but there was difference in the name of his father and mother in the certificate. Accordingly, the Recruitment Board had given him opportunity to produce OBC certificate with correct name of his father and mother by 29/01/2020 but information uploaded on SSC web utility tool as a UR candidate. However, the above candidate had submitted required OBC caste certificate to the DV/DME Board of GC, CRPF, Rampur within the time and the Recruitment Board accepted the same. But the Board did not change his category from UR to OBC on SSC web utility tool. Since, he had scored less marks than the last selected candidate in UR category of Uttar Pradesh State under General area as such, he could not find place in final list of provisionally selected candidates. However, he has scored higher marks than the last selected candidate in OBC category. In view of above, the DIG (Rectt) Dte. CRPF has requested to the Director, SSC, CGO Complex, Lodhi Road, New Delhi-03 that result of candidate may be considered in OBC category instead of UR category."
02.Therefore, it is requested that above facts may kindly be apprised before the Hon'ble Court on next date of hearing i.e. 26/08/2021.
Sd/-25/08/2021 Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:23.10.2021 18:48:05 Vivek Kumar Singh (DC/Legal) For IGP, NS, CRPF, New Delhi To await the decision of SSC, list on 20th September, 2021.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e- mail."
Today Mr.T.P.Singh, learned counsel for the respondent, states that petitioner's revised result has been issued and he has been provisionally selected. He further states that the force allocation of petitioner candidate has been made by the SSC to BSF (Code-A). The order dated 20th October, 2021 handed over in Court by learned counsel for the respondent is reproduced hereinbelow:-
" No. J.II-5486/2021-NS-P1 Dated-20 October,2021 To, Sh. Thakur Prasad, Govt. Counsel, Delhi High Court, New Delhi.
E-Mail- [email protected] Subject: WPC 4037/2021 FILED BY SH. MOHIT KUMAR(CIVILIAN) VS UOI BEFORE THE HON'BLE HIGH COURT OF DELHI FOR CONSIDERING HIS CANDIDATURE FOR THE POST OF CT/GD IN CAPFS EXAMINATION-2018 ETC.
Kindly refer to your E-Mail dated 18.10.2021. In this connection, DIG(Rectt) Dte. Vide letter No. A-VI-/2018- Rectt(SSB) CT/GD-2018 has intimated that:-
1. In compliance to court order dated 20/09/2021 pronounced by the Hon'ble High Court of Delhi in WP No. 4037/2021, result/data of said petitioner was submitted to the commission for revision of his result in accordance with actual data/result. Now, the Staff Selection Commission has forwarded revised result of said candidate vide their Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:23.10.2021 18:48:05 letter under reference. On the basis of said revised result, force allocation of 01(Male) provisionally selected candidate has been made by the Staff Selection Commission to BSF(Code-A).
2. The result of above candidate has been revised due to above reasons, as such, there is no effect on the actual cut off which had already been uploaded on SSC website www.ssc.nic.in on 21/01/2021 & 28/01/2021.
The cut off for force allocation and other terms and condition of 01 candidate allocated to BSF will be same which has already been uploaded on SSC website.
Therefore you are requested to above facts may kindly be apprised before the Hon'ble Court.
Sd/-20.10.2021 (Rajesh Kumar Singh) DC(Law) For IGP, N/S, CRPF, New Delhi."
In view of the aforesaid order dated 20th October, 2021, the present writ petition along with pending application is disposed of as satisfied.
MANMOHAN, J NAVIN CHAWLA, J OCTOBER 21, 2021 KA Signature Not Verified Digitally Signed By:KRISHNA BHOJ Signing Date:23.10.2021 18:48:05