Rajasthan High Court - Jaipur
Vijay Singh Gurjar vs U O I And Ors on 17 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 13492 / 2014
Vijay Singh Gurjar Son of Shri Poonya Ram Gurjar,by Caste Gurjar,
Aged About 24 Years, Village Dadaga,post Kilpurkhera,tehsil
Rajgarh,district Alwar(rajasthan)
----Petitioner
Versus
1. The Union of India Through Under Secretary, Staff Selection
Commission, North Region,block No.12, SGO Complex,lodi
Road,new Delhi
2. The Director General,FTR H.Q. BSF, New Delhi
3. The Director General, Staff Selection Commission, 8AB Baille
Road,allahabad(u.P.)
4. The Assistant Commandant (mantra)., B.S.F. HQ, Mandor
Road,jodhpur(rajasthan)
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. C.S. Chauhan
For Respondent(s) : Mr. Ashish Kumar
_____________________________________________________
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Judgment
17/05/2017
The present writ petition has been filed under Article
226 of the Constitution of India, praying that the petitioner who
has been declared successful for the recruitment as Constable
(GD), in Sashastra Seema Bal, be given appointment in pursuance
of the rank secured by him in the merit list.
Admittedly, the petitioner applied in pursuance of the
advertisement issued for recruitment to the post of Constable
(GD) in CISF and Sashastra Seema Bal. The petitioner secured
61% marks and was held eligible for the recruitment to the post of
(2 of 3)
[CW-13492/2014]
Constable (GD), in the category of OBC. However, the petitioner
was placed in the category of candidates from Uttar Pradesh.
It is contended by the learned counsel for the petitioner
that the petitioner when went to join at Uttar Pradesh, he was not permitted to join on the ground that he is resident of Rajasthan. The learned counsel for the petitioner submitted that petitioner at that stage approached the respondents to correct Code of State and pleaded with the respondents that he has wrongly filled Uttar Pradesh as State in the form, in fact, he is resident of Rajasthan. The learned counsel for the petitioner has submitted that he has been placed in quandary, neither he is being permitted to join at Uttar Pradesh because he is resident of Rajasthan, at the same time, he is not permitted to join at Rajasthan because he has not given Rajasthan as Code in the application form.
The learned counsel for the respondent has submitted that the petitioner has not made to the select list in the State of Rajasthan, however, he has made to the select list for the State of Uttar Pradesh.
After hearing the learned counsel for the parties, the present petition is disposed of with the direction to Regional Director, Staff Selection Commission (hereinafter called as 'SSC'), North Region, to pass a detailed speaking order as to why petitioner cannot be permitted to join his services in Uttar Pradesh on the post of Constable (GD), as he successfully made to the merit list. The Regional Director, SSC, North Region, shall in its order also consider as to why petitioner cannot be permitted to join his parent state i.e. State of Rajasthan.
(3 of 3) [CW-13492/2014] Needful shall be done by Regional Director, SSC, North Region, within a period of one month from the date of receipt of certified copy of this order.
Liberty is granted to the petitioner that in case favourable order is not passed by the Regional Director, SCC, North Region, petitioner may avail lawful remedy available to him in accordance with the provisions of law.
(KANWALJIT SINGH AHLUWALIA)J. Mak/-