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3. He further submits that ITBP is primarily a border guarding force. It is entrusted with the task to provide security cover to Indian Embassy & Consular missions in Afghanistan. For the aforesaid purpose, ITBP prepares a panel of its best serving personnel across the ranks of Constable, Head Constable, Subordinate officers and Officers, for their deployment to the Indian Missions Abroad, („IMA‟, for short), Afghanistan. In order to streamline the process of selection of ITBP troops for security of IMA at Afghanistan on deputation basis and deployment with UN Mission etc., ITBP had issued a Standing Order No. 04/2017 („SO-I‟, for short) dated June 07, 2017, laying down the eligibility and other terms of selection. The said SO-I, is the standing policy document, which exhaustively lays down the eligibility criteria, process of selection of personnel, their induction and de-induction from the selected panel of personnel.

Signature Not Verified Digitally Signed W.P.(C) 7476/2023 Page 9 of 42 By:ANIL KUMAR Signing Date:05.02.2024 16:25:08

19. He submits that ITBP/respondent Force, is at liberty to device its own mechanism, yardsticks, criteria etc., for sending personnel on deputation for deployment in sensitive and high risk duties like deployment in Afghanistan.

37. At the outset, we may state here that SO-I, primarily relates to selection of ITBP Troops for security of Indian Missions abroad (Afghanistan) on deputation basis and deployment with FPU on UN Mission (D.R. Congo). The standing order insofar as the eligibility is concerned, states as under:

Signature Not Verified Digitally Signed W.P.(C) 7476/2023 Page 17 of 42

45. Now, coming to the plea of Mr. Sheel of the rules of the game have been changed in the midstream, the said principle may not be applicable in the facts of this case, when a larger public interest is sought to be served by the respondents by sending those personnel on deputation to Afghanistan, who have an experience of being deployed in EHA / HA like Leh, Ladhak and North-East, from the perspective of weather conditions / topography in Afghanistan.