Rajasthan High Court - Jaipur
Kashi Ram vs Union Of India And Anr on 17 May, 2017
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil Writ Petition No. 2867 / 2017
Kashi Ram
----Petitioner
Versus
Union Of India And Anr
----Respondent
Connected With S.B. Civil Writ Petition No. 3858 / 2012 Narendra Singh
----Petitioner Versus Staff Selection Commi
----Respondent S.B. Civil Writ Petition No. 8086 / 2015 Subhash Chand
----Petitioner Versus Staff Selection Commi
----Respondent S.B. Civil Writ Petition No. 8087 / 2015 Hawa Singh
----Petitioner Versus Staff Selection Commi
----Respondent S.B. Civil Writ Petition No. 8088 / 2015 Pratap Singh
----Petitioner Versus (2 of 20) [ CW-2867/2017] Staff Selection Commi
----Respondent S.B. Civil Writ Petition No. 8360 / 2015 Krishan And Ors
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 3317 / 2016 Manoj Kumar Natwariya
----Petitioner Versus U O I And Ors
----Respondent S.B. Civil Writ Petition No. 4820 / 2016 Yashveer Singh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 4821 / 2016 Mukesh Kumar Bajia
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 4822 / 2016 Manish Kumar Dadwaria (3 of 20) [ CW-2867/2017]
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 6113 / 2016 Manoj Kumar Kulharya
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 7678 / 2016 Sita Ram
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 7679 / 2016 Mukesh Kumar Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 7693 / 2016 Dinesh Kumar
----Petitioner Versus U O I And Anr
----Respondent (4 of 20) [ CW-2867/2017] S.B. Civil Writ Petition No. 8713 / 2016 Chhailu Ram
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8714 / 2016 Ramesh Chand Yadav
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8715 / 2016 Mukesh Kumar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8716 / 2016 Sunil Kumar Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8717 / 2016 Ramesh Kumar
----Petitioner Versus U O I And Anr (5 of 20) [ CW-2867/2017]
----Respondent S.B. Civil Writ Petition No. 8718 / 2016 Devi Singh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8719 / 2016 Surendra Singh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8720 / 2016 Prahlad Singh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 8807 / 2016 Ramkesh Meena
----Petitioner Versus U O I & Ors.
----Respondent S.B. Civil Writ Petition No. 8903 / 2016 Ramawatar Jat
----Petitioner (6 of 20) [ CW-2867/2017] Versus Uoi & Ors.
----Respondent S.B. Civil Writ Petition No. 8904 / 2016 Lavkush Ram
----Petitioner Versus U O I & Ors.
----Respondent S.B. Civil Writ Petition No. 9249 / 2016 Suresh Kumar
----Petitioner Versus Uoi & Ors.
----Respondent S.B. Civil Writ Petition No. 9257 / 2016 Pushpendra Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9380 / 2016 Subhash Chandra Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9387 / 2016 Veer Pal Singh Bhuriya (7 of 20) [ CW-2867/2017]
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9444 / 2016 Dinesh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9445 / 2016 Daya Ra
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9453 / 2016 Jai Ram Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 9468 / 2016 Chunni Lal
----Petitioner Versus U O I And Anr
----Respondent (8 of 20) [ CW-2867/2017] S.B. Civil Writ Petition No. 10635 / 2016 Sagar Mal
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 10818 / 2016 Anil Kumar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 11172 / 2016 Rajendra Kumar Mehra
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 11201 / 2016 Subhash Chand Yadav
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 14438 / 2016 Mukesh Kumar Yadav
----Petitioner Versus (9 of 20) [ CW-2867/2017] U O I And Anr
----Respondent S.B. Civil Writ Petition No. 14439 / 2016 Subhash Chand Gurjar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 15302 / 2016 Surendra Kumar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 16079 / 2016 Rajesh Kumar Jakhar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 51 / 2017 Suraj Mal
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 56 / 2017 Prahlad Singh
----Petitioner (10 of 20) [ CW-2867/2017] Versus U O I&Anr
----Respondent S.B. Civil Writ Petition No. 58 / 2017 Pankaj Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 75 / 2017 Vinod Singh
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 79 / 2017 Buddi Prakash Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 146 / 2017 Bhanwar Lal Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 147 / 2017 (11 of 20) [ CW-2867/2017] Sher Singh Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 150 / 2017 Chetan Singh Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 194 / 2017 Rakesh Kumar
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 195 / 2017 Gajendra Pal
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 196 / 2017 Bachchh Raj Singh
----Petitioner Versus U O I And Anr (12 of 20) [ CW-2867/2017]
----Respondent S.B. Civil Writ Petition No. 197 / 2017 Nepal Singh Meena
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 198 / 2017 Simbhu Dayal Saini
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 403 / 2017 Dharmendra Singh Dagur
----Petitioner Versus U O I And Anr
----Respondent S.B. Civil Writ Petition No. 3104 / 2017 Mukesh Kumar And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3105 / 2017 Harendra Singh And Ors
----Petitioner Versus (13 of 20) [ CW-2867/2017] Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3106 / 2017 Jitendra Singh Shekhawat And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3110 / 2017 Danaram Bijraniya And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3111 / 2017 Mohan Lal Meena And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3112 / 2017 Suresh Kumar And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3113 / 2017 Ashok Kumar And Ors (14 of 20) [ CW-2867/2017]
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3114 / 2017 Surajmal And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3199 / 2017 Nujesh Kumar And Anr
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3317 / 2017 Jai Narain Saini And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3352 / 2017 Dharmendra Kumar Yadav And Ors
----Petitioner Versus Union Of India And Ors
----Respondent (15 of 20) [ CW-2867/2017] S.B. Civil Writ Petition No. 3453 / 2017 Sheesh Ram Saini And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3740 / 2017 Mahesh Kumar Rawat And Ors
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 3741 / 2017 Surender Kumar Sharma
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 4758 / 2017 Mahendra Singh Gurjar
----Petitioner Versus Union Of India And Anr
----Respondent S.B. Civil Writ Petition No. 4765 / 2017 Ramkran Singh
----Petitioner Versus Union Of India And Anr (16 of 20) [ CW-2867/2017]
----Respondent _____________________________________________________ For Petitioner(s) : Mr. R.B. Sharma (Ganthola), Mr. Sanjay Mehla, Mr. Anurag Shukla, Mr. Rajveer Gurjar & Mr. Rajendra Kumar Saini For Respondent(s) : Mr. R.D. Rastogi, Additional Solicitor General, Mr. Anand Sharma & Mr. J.P. Gargey _____________________________________________________ HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Judgment 17/05/2017 By this common order, bunch of writ petitions bearing No. 2867/2017, 3858/2012, 8086/2015, 8087/2015, 8088/2015, 8360/2015, 3317/2016, 4820/2016, 4821/2016, 4822/2016, 6113/2016, 7678/2016, 7679/2016, 7693/2016, 8713/2016 , 8714/2016, 8715/2016, 8716/2016, 8717/2016, 8718/2016, 8719/2016, 8720/2016, 8807/2016, 8903/2016, 8904/2016, 9249/2016, 9257/2016, 9380/2016, 9387/2016, 9444/2016, 9445/2016, 9453/2016, 9468/2016, 10635/2016, 10818/2016, 11172/2016, 11201/2016, 14438/2016, 14439/2016, 15302/2016, 16079/2016, 51/2017, 56/2017, 58/2017, 75/2017, 79/2017, 146/2017, 147/2017, 150/2017, 194/2017, 195/2017, 196/2017, 197/2017, 198/2017, 403/2017, 3104/2017, 3105/2017, 3106/2017, 3110/2017, 3111/2017, 3112/2017, 3113/2017, 3114/2017, 3199/2017, 3317/2017, 3352/2017, (17 of 20) [ CW-2867/2017] 3453/2017, 3740/2017, 3741/2017, 4758/2017, 4765/2017, shall be decided together as counsel for the parties are in agreement that on law and facts all petitions are similar.
One Narendra Singh on 16.3.2012 had filed S.B. Civil Writ Petition No.3858/2012 praying that recruitment made by the respondents to the post of Constable (General Duty) in pursuance of advertisement dated 5.2.2011, be quashed and set aside. A coordinate Bench in the said writ petition had issued notice. Thereafter various other writ petitions were filed. A coordinate Bench had issued notice in S.B. Civil Writ Petition No.3317/2016, Manoj Kumar Natwariya v. Union of India & Anr. and ordered that all connected matters be listed together.
Thus, in the present petitions challenge is to the recruitment made to the post of Constable (General Duty) by the Regional Director, Staff Selection Commission, Northern Region, in pursaunce of advertisement dated 5.2.2011 (Annx.1). In the advertisement dated 5.2.2011 (Annx.1), applications were invited for making recruitment to 49,800 posts of Constable in various paramilitary forces.
In the present writ petitions candidates who appeared for recruitment to the post of Constable (General Duty) in various paramilitary forces namely BSF, CISF, CRPF and SSB(Sashastra Seema Bal) and ITBP etc. have made a grievance during the course of arguments that Staff Selection Commission, Northern Region, had made large scale bungling in the recruitment and anybody who has been able to grease the palm of the officials of (18 of 20) [ CW-2867/2017] Staff Selection Commission have been favoured and meritorious candidates have been ignored.
It is submitted that the respondents have been shifting their stand. Sometimes they are saying that the selected candidate who is lower in the merit has been selected because in a tie he was selected on the ground that he was more in the age than the candidate having similar marks. It is stated that qua the less meritorious candidates, respondents when nailed have taken a stand that they belong to border area, however, there is no justifiable ground and material to accept the contention that those candidates belong to the border area.
It is stated that two brothers from the same community and village who had applied from them one brother having 42 marks has been given appointment and the another brother who secured 60 marks has been denied appointment.
At one juncture, counsel for the parties urged that entire matter for investigation be referred to CBI. Before this court could entertain the prayer that it would be appropriate and just in the facts of the case that process of recruitment qua the State of Rajasthan pertaining to year 2011 be handed over to CBI for making thorough investigation, Mr. R.D. Rastogi, ld. Additional Solicitor General, at the outset has prayed that before this court accept the prayer and adopt above course, an opportunity be given to the Secretary, Staff Selection Commission, to allay apprehensions of the petitioners by passing a detailed reasoned speaking order.
(19 of 20) [ CW-2867/2017] Mr. R.D. Rastogi, ld. Additional Solicitor General, has submitted that to ensure purity and transparency in the matters of the recruitment so that merit remain the only criteria so far the recruitment to the public employment is concerned, Union of India, shall not shy away to take any action at its own end.
Mr. R.D. Rastogi, ld. Additional Solicitor General, has assured this court that he himself shall intervene and ensure that the transparency is discernible and no wrong is committed by the officials so far recruitment is concerned.
Accepting the assurance given by Mr. R.D. Rastogi, ld. Additional Solicitor General, the present writ petitions are disposed of by issuing following directions:-
(a) That all petitioners shall appear before Secretary, Staff Selection Commission and they shall submit comprehensive detailed representation giving details of the candidates who being less meritorious have been appointed.
(b) That the petitioners in the representation to be filed shall be at liberty to demolish the arguments raised by the respondents that less meritorious persons because of belonging to border area or of being more in age or for any other reasons have been given appointment,
(c) The petitioners shall also be entitled to raise arguments that wrongly candidates from the State of Rajasthan were diverted to other States even they were less meritorious or qua meritorious persons route of diversion to the other state was not followed.
Petitioners shall be also at liberty to ventilate any other grievance (20 of 20) [ CW-2867/2017] they have regarding the recruitment process undertaken by Regional Director, Staff Selection Commission, Northern Region. The Secretary, Staff Selection Commission, shall hold a fact finding inquiry into the allegations leveled against the officials who at the relevant time were posted in the Regional Directorate of Staff Selection Commission, Northern Region.
(d) Secretary, Staff Selection Commission, before decision of the representation shall publish a list of all candidates who appeared in the State of Rajasthan for the recruitment to the post of Constable(General Duty) in paramilitary forces in pursuance to impugned advertisement qua all the categories be it General, OBC, SC or ST. In the list so published marks secured by each candidate shall be depicted along with cut off marks, of the category to which candidate belong.
(e) In the list, so published, in pursuance of above directions the reasons shall be assigned as to why a particular candidate has been appointed even though he has secured less marks.
(f) After publication of the list Secretary, Staff Selection Commission shall afford hearing to the petitioners and shall pass a detailed reasoned speaking order within one month after the conclusion of the hearing.
The petitioners shall be at liberty to re-approach this court, in case, they are aggrieved against the order to be passed by the Secretary, Staff Selection Commission.
(KANWALJIT SINGH AHLUWALIA)J.