Jammu & Kashmir High Court
Pankaj Baghel vs Union Of India & Ors on 7 May, 2022
Author: Sindhu Sharma
Bench: Sindhu Sharma
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1290/2021
CM No. 5289/2021
Pronounced on : 7th.05.2022
Pankaj Baghel .... Petitioner(s)
Through:- Mr. Varun Sharma, Advocate vice
Mr. R. D. Singh Bandral, Advocate
V/s
Union of India & ors. .....Respondent(s)
Through:- Mr. Vishal Sharma, ASGI
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
JUDGMENT
01. Recruitment notice for the posts of Industrial Mazdoor, Fire Engine Driver and Fireman was notified by the Ministry of Defence ASC Unit under jurisdiction Head Quarters 16 Corps (ST).
02. The petitioner, being eligible applied for the post of Fireman under the Open Merit Category (UR). In terms of the Advertisement Notice, nine posts of Fireman were notified and out of which, five for UR (Gen) category, two for OBC, one for SC and one for ST category. The petitioner, being Open Merit category candidate, was examined and appeared in the written test which was held at 525 ASC Battalion Near Valley View Public School Rajouri.
03. Pursuant to the written test, the result was declared and vide letter dated 20.02.2020, the petitioner was informed that his case for employment assistance for the post of Fireman in this unit had been 2 WP(C) No. 1290/2021 provisionally approved by the competent authorities, subject to verification of documents, character and antecedents. The petitioner was advised to report the office on any working day between 0830 hrs to 1400 hrs latest by 28 Feb 2020 along with original documents which have been enclosed with his application form.
04. Grievance of the petitioner is that after being informed that he was provisionally selected and after providing of all the requisite documents, he was expecting the order of appointment to be issued in his favour very soon. The respondents, however, have issued a letter dated 12.05.2020 vide which the petitioner was intimated that re- evaluation of the provisional overall merit list of Fireman were carried out and all documents of the provisional candidates were called for re- checking. After thorough checking and factoring the same marks, date of birth and other rules on the subject a final merit list was drawn. The respondents, thus, cancelled the letter of employment assistance issued to the petitioner dated 20.02.2020 for the post of Fireman.
05. The petitioner is aggrieved of the impugned letter dated 12.05.2020 cancelling the employment assistance to him on the ground that the petitioner had qualified the written test and had also been provisionally selected vide communication dated 20.02.2020 by which the petitioner was directed to produce the documents before the office of respondent No. 3. The petitioner had produced the aforesaid documents and nothing adverse was found against him, therefore, it was incumbent upon the respondents to select and appoint the petitioner but respondents have arbitrary cancelled and withdrawn the letter without 3 WP(C) No. 1290/2021 any plausible explanation. As per their own communication, the provisional selection was kept subject to verification of the documents, and thereafter without there being any provision for re-evaluation or revision of merit they had revised the provisional select list and consequently cancelled the select list. There is no reasonable explanation for cancellation of the provisional selection of the petitioner. The respondents have not conducted the selection in fair and transparent manner and, thus, deprived the petitioner of his legitimate right to be selected and appointed as Fireman. Therefore, cancellation of letter selecting the petitioner is arbitrary and malafide and, thus, the same is required to be set aside.
06. Mr. Vishal Sharma, learned ASGI appearing on behalf of the respondents, submits that recruitment for Group-'C' post Fireman in ASC unit of 16 Corps Z published in Employment news from 14-20 Sept 2019 edition and was completed in five stages i.e., Stage-I. Screening of application and issue of call letters/acknowledgement cards by Board No-1); Stage-II. Verification of Original documents, physical measurement and conduct of physical/practical test by Board, Stage-III. Preparation of question papers and answer keys by Board. Stage-IV. Conduct of written tests who passed in physical/practical tests by Board and Stage-V. Evaluation of written test and preparation of overall merit list by Board No. 5.
07. In these five stages, the entire process for recruitment to the post of Fireman was conducted after the evaluation of result in the overall merit list of the candidates was prepared. Amongst the 4 WP(C) No. 1290/2021 candidates who had appeared 40 candidates had cleared the written test. The re-evaluation of the overall merit list of Fireman was carried as some candidates had equal marks, therefore, their merit was to be considered keeping in view the date of birth and other rules of the recruitment. During this re-evaluation process, only five candidates, who were secured highest merit in the overall selection were selected under UR category. It is categorically stated that there was no anomaly in the merit list which was prepared and the candidates, who secured the highest marks in accordance to the merit, were selected for the said five posts which were advertised.
08. Mr. Sharma, learned ASGI submits that with a view to hasten the process of recruitment and reduce the time taken for document verification from various civil agency by appointing authority, 40 candidates, who had passed the written test, were approved provisionally by the competent authority, therefore, convening authority vide Head quarters 16 Corps (Supply & Transport) Letter No. 4365/Rect/ST-12(Civ) dated 27.04.2020 and Officer Commanding, 445 Petroleum Platoon Army Service Corps being Appointing Authority, were directed to confirm whether the board proceedings prepared were as per SOP recruitment. Thereafter re-evaluation of overall merit list was carried out and only five candidates in accordance with their merit, were selected against the vacant posts in UR category in terms of the Advertisement Notice and final merit was prepared and approved on 28.05.2020. The petitioner figured at Serial No. 30 in accordance with the merit and therefore, could not be selected.
5 WP(C) No. 1290/2021
09. The petitioner is only aggrieved of the fact that once he was issued a letter that he has been provisionally selected for the post of Fireman. There was no occasion for the respondents to re-evaluate the result of the candidates. The rejection of his candidature pursuant to revaluation of result was unwarranted, arbitrary and, thus, required to be set aside. The petitioner submits that he had a legitimate expectation to being appointed to the post of Fireman in view of the communication dated 20.02.2020 which has been denied to him by adopting a procedure of re-evaluation of merit which was not undertaken in a transparent and fair manner.
10. The communication dated 20.02.2020 issued to the petitioner informed him only of the provisional approval of his candidature for the post of Fireman. Admittedly, the petitioner did not figure in the merit, therefore, the impugned order dated 12.05.2020 was issued cancelling the letter of provisional approval of the petitioner for the post of Fireman. The respondents have submitted that the issuance of provisional letter for employment assistance to the petitioner for the aforesaid post was only to reduce the time taken for document verification from various civil agencies by the appointing authority and in order to speed up the process of recruitment.
11. In this process of recruitment, fourty candidates had cleared the written test alongwith the petitioner and their candidature was approved provisionally by the competent authority. The final approval, however, was issued after re-evaluation of their merit keeping in view the fact that some of the candidates had obtained equal marks, therefore, 6 WP(C) No. 1290/2021 their merit had to be assessed according to their Date of Birth and other rules of the recruitment. Since only five posts of Fireman under the UR were advertised and petitioner, as per his merit, figured at serial No. 30 in the merit list, therefore, he was informed that he did not qualify for allotted vacancies. The respondents had rightly selected the candidates in accordance with their merit for the five posts of Fireman. Otherwise also, even if the plea of the petitioner is considered, there are at least 14 candidates, who are more meritorious than the petitioner and would have a better right of consideration for the post. Though if letter dated 20.02.2020 contained a note that the selection would be in accordance with their merit and the matter would have been resolved. The Advertisement notice itself speaks that selection will be strictly as per the merit and the respondents have made the selection according to the merit.
12. In view of the aforesaid, this petition is without any merit and the same is, accordingly, dismissed alongwith connected application(s).
(Sindhu Sharma) Judge JAMMU 7.05.2022 SUNIL-II Whether the Judgment is speaking : Yes Whether the Judgment is reportable : Yes