SANJEET vs UNION OF INDIA AND ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: January 18, 2024

+ W.P.(C) 13169/2023

(25) SANJEET ….. Petitioner
Through: Mr. Amit Kaushik, Advocate.

Versus

UNION OF INDIA & ANR ….. Respondents
Through: Mr. Satya Ranjan Swain, Sr. PC with Mr. Sanjay Pal and Mr. Aakash Meena, Advocates for UOI with Mr. A.K. Rawat, 2IC (Commandant), BSF
CORAM:
HON’BLE MR. JUSTICE V. KAMESWAR RAO
HON’BLE MR. JUSTICE SAURABH BANERJEE

SAURABH BANERJEE, J. (ORAL)

CM APPL. 52015/2023 (for exemption)
Allowed, subject to just exceptions.
The application stands disposed of.
W.P.(C) 13169/2023 & CM APPL. 52014/2023 (for stay)
1. The Director General, Border Security Force, i.e. respondent no.2 herein, on 20.08.2022, issued an advertisement for filling up of 248 posts of Head Constable (Radio Mechanic), of which, 27 posts were for the Unreserved category. Though the petitioner applied for the post of Head Constable (Radio Mechanic) under the UR category and successfully cleared the three stages of the examination, his name did not appear in the final merit list declared on 12.04.2023.
2. The petitioner came to know from some petitioners in writ petition being W.P. (C) No. 5585/2023 filed before this Court, that the cut-off for UR category for the post of Head Constable (Radio Mechanic) was 167.5. Thereafter, the petitioner compared his answers with recognized textbooks and computed his score as 170.
3. Being aggrieved, the petitioner filed the present writ petition seeking modification of the final result declared on 12.04.2023 and direction to the respondents to appoint the petitioner to the post of Head Constable (Radio Mechanic) in Border Security Force with all consequential benefits.
4. The learned counsel for the petitioner submits that the final merit list declared on 12.04.2023 is drawn in a non-transparent manner as the candidates are neither aware of the marks scored by them nor of the cut-off mark for the respective category, which is ultra vires to the Constitution of India as it is arbitrary and unfair, thereby violating the rights of the petitioner enshrined in Article 14 of the Constitution of India. He further submits that in light of any question(s) being found ‘incorrect’, benefit of the same must be accredited to the petitioner as well, which would ipso facto make the petitioner to qualify the examination.
5. Upon issuance of notice, though the respondents have been duly represented and also contested the present petition, however, they have chosen not to file any counter affidavit and instead proceed with arguments.
6. The learned counsel for the respondents submits that the present petition is belated as the selected candidates are on the verge of finishing their training, so much so, the next batch is also ready for moving onto onward training. He lastly submits that in any case the petitioner does not qualify as his individual marks are still below the minimum qualifying marks of the selected candidates in the UR category for the post of Head Constable (Radio Mechanic).
7. This Court finds that the petitioner is not in the zone of consideration for the post of Head Constable (Radio Mechanic) in the UR category despite the benefit of additional mark(s) for wrong answers alongwith deductions, wherever necessary. Further, as per the list of overall candidates to be considered in the UR category for the post of Head Constable (Radio Mechanic), there is another candidate in the list of non-selected candidates in the UR category for the post of Head Constable (Radio Mechanic), above the petitioner who has also not qualified and if at all he has to be given preference over and above the petitioner herein.
8. Besides the aforesaid, in view of the overall position as on date, this Court is of the opinion that since the list of candidates for the post of Head Constable (Radio Mechanic) in the UR category have since long been filled, thus, there is no vacancy left and since the training of the selected candidates is on the verge of completion and also since the petitioner is not in the zone of consideration, allowing the petition will tantamount to adding additional burden, that too, whence the next batch of the selected candidates for the same post is also ready for proceeding to training. It is, thus, inconsequential to do so at this belated stage when much time has since been elapsed.
9. Moreover, this is a case wherein the respondents after admitting their mistake has duly given the accreditation to each of the non-selected candidates, including the petitioner herein, despite that the petitioner does not qualify.
10. Additionally, it is an undisputed fact that as on date since the posts of Head Constable (Radio Mechanic), Border Security Force in the UR category, have since been long filled, thus, there is no vacancy left and furthermore, since the training of all selected candidates is on the verge of completion and the next batch of the selected candidates for the same post(s) is also ready for proceeding to training. As such, in the opinion of this Court, the present petition is liable to be dismissed, more so, when it will tantamount to disturb the existing list, the seniority and will have huge ramifications. This Court is also of the view that the present petition is belated and allowing the same will most likely cause unnecessary administrative hurdles for no good reasons. It is, thus, inconsequential for this Court to allow the present petition at this belated stage when much water has flown under the bridge.
11. Furthermore, computation of marks scored by the petitioner from unofficial sources holds no relevance and cannot be considered while adjudicating a petition of the present nature. Lastly, and even otherwise, nobody can have a vested right of appointment [In Re.: Jitendra Kumar and Ors. vs. State of Haryana (2008) 2 SCC 161, Ram Pravesh Singh and Ors. vs. State of Bihar (2006) 8 SCC 381 and Union of India and Ors. vs. Hindustan Development Corporation and Ors. (1993) 3 SCC 499]. Likewise, the petitioner cannot have a vested right or legitimate expectation for being considered to the post of Head Constable (Radio Mechanic), Border Security Force in UR category, merely because there is a likelihood of him being in the zone of consideration, which, even otherwise, in view of the aforesaid discussions, has since been dispelled.
12. For the afore-going analysis and the reasoning therewith, as also the settled position of law, this Court finds no merit in the present petition.
13. Accordingly, the present writ petition alongwith the application is dismissed with no order as to costs.

SAURABH BANERJEE, J

V. KAMESWAR RAO, J
JANUARY 18, 2024
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