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7. On merits, learned counsel for the respondents made the following submissions:

7.1) That after the conclusion of the recruitment process in pursuance to the advertisement dated 05.02.2011, four subsequent rounds of recruitment, in the year 2012, 2013, 2015 and 2018, have also concluded and no vacancies exist as on date qua advertisement dated 05.02.2011 to accommodate the petitioners. 7.2) That in the advertisement itself it was clearly mentioned that vacancies, which were prescribed State wise and category wise, were tentative. The scheme of recruitment was prepared by the Ministry of Home Affairs (for short "MHA") and the Staff Selection Commission (hereinafter referred to as "the Commission") conducted the recruitment according to the said scheme. The mode of selection was always prescribed to be state and category wise. The minimum cut-off marks prescribed in para 10 of the advertisement dated 05.02.2011 was for the limited purpose of preparing list of those candidates who would qualify for the detailed medical examination (for short "DME") and the cut-off for final selection was fixed as per the stipulated criterion of merit-cum-post preference option given by the candidate and subject to State, District Area and category wise number of [2023/RJJP/011482] (54 of 65) [CW-26389/2018] vacancies reported by CAPFs. Initially the advertisement was only for recruitment in BSF, CISF, CRPF and SSB, but subsequently the applicants were also given an additional option to give their preference for posting in Assam Rifles or ITBP. But at the same time, it was clarified that the Commission only proposes to fill up the left over vacancy, if any, in Assam Rifles and ITBP after filling them from the two dedicated separate examination conducted simultaneously from the eligible and successful candidates of recruitment of Constable (GD) in BSF, CISF, CRPF and SSB. However, since all the vacancies of Assam Rifles and ITBP were filled from their separate dedicated examination, there was no occasion to consider the candidature of the petitioners in Assam Rifles and ITBP.

(Border) 29 Rajasthan CRPF 49 69 70 71 35 (General) 29 Rajasthan SSB 33 62 66 68 42 (General) Reserve List (prepared on All India Basis):

   CPO               SC             ST                OBC               UR             Ex-S


CRPF (C)      42               65               61                 67             -
SSB (D)       33               59               58                 62             -


7.4)          That taking the case of the petitioner Sita Ram for instance,

The candidates applying for post of Constable (GD) in BSF, CISF, CRPF, and SSB were cautioned that they were required to submit their application in the prescribed format to the concerned Regional office of Commission under whose jurisdiction the Center selected by him/her for written examination falls. The candidates applying for the post of Constable (GD) in ITBP were required to submit their application form [2023/RJJP/011482] (59 of 65) [CW-26389/2018] to North West Regional Office of the Commission at Chandigarh and candidates applying for the post of Rifleman (GD) in Assam Rifles were required to submit their application form to North East Regional Office of the Commission at Guwahati. What is pertinent to note is that the examination of all the aforementioned three recruitment process were separate. During the written examination for Constable (GD) in BSF (Code A), CISF (Code B), CRPF (Code C), and SSB (Code D), candidates were given an option to submit their preference for ITBP (Code E) and Assam Rifles (Code F) also. However, it was clarified that the Commission only proposes to fill up the left up vacancies, if any, after the declaration of results of the separate examination of ITBP and Assam Rifles. The result of Rifleman (GD) in Assam Rifle Examination 2011 was declared on 30.05.2011 and 3915 candidates were called for the DME against the 2076 vacancies. The result of Constable (GD) in ITBP, Examination 2011 was declared on 02.06.2011 and 17707 candidates were called for DME against the 16467 vacancies. Since no vacancies remained after declaration of the results of Assam Rifle Examination 2011 and ITBP, Examination 2011, there was no occasion to consider the candidature of petitioners, let alone anyone else who only applied for Constable (GD) in BSF, CISF, CRPF, and SSB Examination 2011, for appointment in Assam Rifles or ITBP. It has specifically been pleaded that no candidate of Constable (GD) in BSF, CISF, CRPF & SSB Examination 2011 was selected in ITBP / Assam Rifles.

12. Since the issue related to Assam Rifles and ITBP is settled, the next issue which requires the consideration of this Court is with respect to preparation of Select List and Reserve List for the Constable (GD) in BSF, CISF, CRPF, and SSB Examination 2011 and the issue of diversion of candidates from surplus State to deficit State. The written exam for Constable (GD) in BSF, CISF, CRPF, and SSB Examination 2011 was held on 05.06.2011. As per para 10 of the advertisement, relied upon by the petitioners, the minimum cut-off percentage of marks was prescribed only for the limited purpose of qualification of the candidate for appearance in DME and not for the final selection, as contended by the petitioners. The result of the Constable (GD) in BSF, CISF, CRPF, and SSB Examination 2011 was declared on 28.11.2011 for those male candidate who were declared 'Fit' in DME. The write-up/result dated 28.11.2011 contained methodology of the selection, details of marks of last selected candidates- State/UT wise, CAPF-wise, category wise, area wise etc. Details of marks of last selected candidate for the vacancies allotted to Station code 29 (Rajasthan), under the jurisdiction of Northern Regional Office of the Commission at Delhi were also provided. The Select List was accordingly prepared as per State wise vacancies with further reservations for Border / Naxal or military affected areas. The Reserve List was prepared on all India basis and the cut-off marks for inclusion in the Reserve List was based on the marks obtained by the last selected candidate in that particular category. The category wise cut-off marks of the Select List and the Reserve List has been [2023/RJJP/011482] (61 of 65) [CW-26389/2018] reproduced above, but for the sake of convenience, the same is reproduced again: