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7. The applicants have filed Rejoinder Affidavit stating that in fact with whatever little inputs and the materials at hand, the Board of Officers so constituted had done a commendable job in making correct selections from amongst large number of candidates. They have scientifically short listed the candidates and thereafter scrutinized the applicants and conducted the selection in accordance with law and, best candidates have been selected. Therefore, any opportunity by any independent body would not be proper in any circumstances. The selection proceeding was conducted in absolutely transparent manner. The alleged complaints are vague and without any specific particulars regarding any illegality or irregularity committed in the selection process. The bald rhetoric is of no consequence. The applicants are not in any knowledge about any preliminary inquiry being instituted through 14 Provost and Security Unit, Air Force. Mere suspicion on the ground of any relation of a candidate with some employee of the Air Force would not traverse in the realm of being irregularity. This type of allegation is mostly unfounded as the son and wards of the employees cannot be just taken to be sub-standard and not fit for selection. The recommendation was for keeping the selection in abeyance in report dated 15.04.2011. However, the respondents went ahead with the selection and offered appointments to the applicants vide order dated 28.04.2011 in pursuance of which the applicants joined at their respective posts on 10.05.2011. At no point of time, the applicants were ever involved in the said proceeding, as such, had no knowledge about the same. However, because of not following the principle of natural justice, the said CoI cannot withstand rigorous of law. There is no specific finding on any irregularity, but all irregularities so pointed out are general in character and all are based on surmises and conjectures rather than any specific irregularity justifying the cancellation of the selection. Minor abrasion in selection cannot be ruled out as there were large number of candidates but, point to be taken into consideration is that all were subjected to the same procedure without any discrimination. Apart from the SRO dated 21.01.2011, there was Signal from the Headquarters that the selection process should be completed at the earliest as the vacancies otherwise would lapse after 19.02.2011, therefore, at all steps the directions were such that there was urgent need to undergo entire process at a very short period of time. Therefore, no fault can be found on this account on early completion of the selection process for the simple reason that it was required to be done at an early date. No prejudice is caused by offering bilingual paper to 02 trades and not to other trade. Looking to the paucity of time and other constrains, the Board of Officers had decided subject to running of a distance of 1.6 km. in the physical endurance test, leaving other tests out of reckoning. There was no good ground available to the CoI to recommend cancellation of entire selection process. In other respects, the applicants have reiterated the earlier stands taken in the O.A. justifying the act done by the BoO. However, reiterating the fact that no opportunity was given to them before passing adverse order against them and principles of natural justice have been violated.

8. The respondents have also filed Supplementary Counter Affidavit mainly stating that on inquiry it was found that the BoO had not adhered to the guidelines and recruitment rules at the time of selection. A lot of irregularities and illegalities, as mentioned in annexure R-6 of the C.A., were found for which the complete selection process had been quashed. The candidates were short listed and selected only provisionally and they were appointed temporarily as mentioned in their appointment letters. The Board has not done the assigned tasks in a transparent manner. The complaints made against the aforesaid selection by the complainants including Secretary Staff Side JCM III level, Air Headquarters are of very serious nature for which the entire selection/ appointment has been quashed. The complaints and irregularities/illegalities were not against the applicants in the instant O.A. hence, they were not made party to the complaints nor any witness in CoI. The CoI inquired on the procedure followed by the BoO during selection process hence, there was no need to inform the same to applicants. If there existed laid down procedure for selection and the same has been compromised then the entire selection become illegal. The BoO for selection had no mandate to circumvent the procedure and vitiate the entire selection procedure. It was mandated to follow the procedure as well as guidelines and was obliged to follow the guidelines in letter and spirit. It is worth to mention that the BoO had circumvented the procedure and the guidelines for selection and were not abided by them. It was not open to the Board of Officers to bypass the laid down procedure for selection. The contention of applicants that due to paucity of time, the BoO have shortened the procedure is not correct. The guidelines were very much in the knowledge of BoO but, deliberately they have not properly adhered to the same during process of selection. The terms of reference of the BoO including the copies of guidelines, recruitment rules and the list of candidates called for interview/test were handed over to the BoO so constituted for the purpose of just and fair selection. The preparation of two sets of question papers instead of three sets is a clear violation of the guidelines of selection process. The erring members of the BoO have been suitably punished for lapses on their part which they have made in selection process. Requisite endurance test for various tradesman, which is a mandatory requirement, was ignored thereby making entire selection illegal. Similarly, it is evident that night driving test was not conducted for MTD tradesman. It is admitted that the driving test was conducted after 14.30 hours and lasted for approximately 04 hours. This approximation does not give an exact timing. There is a clear division between sunset and pitch-dark night. The twilight period cannot be construed as night period and Mechanical Transport Driver (for short MTD) is supposed to be proficient for both day and night driving. If the MTD tradesmen are not subjected to driving skill test for night driving then the driving test is incomplete and is a clear cut vindication of the findings of CoI which has ultimately recommended for the cancellation of proceedings in toto/ totality. Similarly, the BoO has committed a blatant wrong by not seeking permission from Command Headquarters in the case of not calling all the eligible candidates for interview. Should all candidates have been called for interview then the outcome in the form of result would have been different. Not calling all the candidates was nothing but a clear deprivation of opportunity to other deserving candidates which is a clear cut violation of Articles 14 and 16 of the Constitution of India. Similarly, as per the procedure candidates are to be skill tested first and those candidates who are successful in the skill test are to be called for the interview. But, in the present case this procedure has not been followed. Even though the post was reserved for Hearing Handicapped (OBC) candidates but a minimum performance criteria has to be laid out so that a reasonable candidate is selected in the Air Force for the prescribed post. Not stipulating a bare minimum criteria in the form of minimum marks was bad in law as far as selection is concerned. In other words, it is nothing but choosing and picking bad amongst the worst. Similarly, irregularities have been committed in not informing the Special Employment Exchange and Vocational Centers for sponsoring the candidates in the category of Carpenter trade reserved for HH (OBC) candidate. Irregularities have also been committed in the selection process by not following the necessary guidelines such as the measurement of chest, unexpanded and expanded to ascertain the physical fitness of the candidates for Fireman trade, endurance test of carrying weight of 63.5 kg for 183 meters within 96 seconds, clearing 2.7 meters wide ditch and landing on both feet (long jump) and climbing 3 meters vertical rope using hands and feet for selection of Fireman post. Similarly, it is revealed during investigation that the marks have been interpolated after deciding the relative merit of the candidates which is a wrong procedure hence the total selection was illegal. If these incidents, quoted above, are put together the total selection process will be marred by illegalities and irregularities. Adequate time was given for completion of selection process to the BoO. They could have followed the laid down procedure. Violation of guidelines and procedures has lead to quashing of entire selection process and the appointments made pursuant to this selection process. The applicants were not party to the alleged irregularity and illegality hence no opportunity was provided to them. On the other hand all those persons who have directly or indirectly concerned were afforded ample opportunity to put forth their view points. The termination order is neither arbitrary nor illegal.

(i) Whether quashing of selection process by respondent No. 3 is justified, as alleged by respondents?
(ii) Whether termination orders of the applicants passed by respondent No. 3 is not justified, as alleged by the applicants?

13. As regards the first point, it is contended by the respondents counsel that the Court of Inquiry (for short CoI) proceedings conducted by the officers, appointed by the competent authority, revealed that all norms had been violated by the Board of Officers (for short BoO) at each stage i.e. right from the stage of entertaining the applications, preparation of question papers, conduct of written tests, conduct of interviews and trade tests etc. The nature and extent of illegalities and irregularities committed in conducting the selection was so wide spread and all pervasively affecting the result so as to make it difficult to pick out the persons who have been unlawfully benefited or wrongfully deprived of their selection. Elaborating the arguments, it has further been submitted by the respondents that the BoO hurriedly completed the selection process by not following the prescribed procedure meant for selection of the candidates including the applicants. Irregularities have been committed in the selection of Cooks, Firemen, MT Drivers, L.D.C., A.S.K., Electrician and Carpenters. The respondents have placed reliance on the documents filed by them on record as annexure R-6 in support of their contentions. A perusal of annexure R-6 shows that it is finding of the CoI appointed by the competent authority who had investigated the entire matter relating to the selection in question and after completing the inquiry proceedings, this report was submitted which is as follows: -

16. The above discussions show that the discrepancies and irregularities pointed out by the CoI are factual and procedural apparently against the guidelines laid down for the conduct of selection process. The contention of applicants counsel that the officers of Board were under pressure of the higher authorities to complete the selection process in a short period, does not permit the BoO to forego the laid down procedure for selection of the candidates and to compromise with the merit of the candidates.