Gurmit Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 13722 of 2014 ====================================================== Gurmit Singh S/o Late Yashbir Singh Presently R/o B.M.P. 8, campus, Flat no. 5, Quarter No. 55, P.O. Refinery Township, Distt- Begusarai Bihar, Permanent Resident of Bansawala Bazar, Tehsil, Phagwara, DistrictKapurthala (Punjab) ... ... Petitioner/s

Versus

1.

The Union Of India through the Chairman Dossier (CT/GD-2011-12) Security Board, Central Industrial Security Force (Ministry of Home Affairs) Block No 13 Central Office Campus, Lodhi Road, New Delhi 2.

The D.G. CISF, New Delhi.

3.

The Group Commandant, Chairman Dossier Scrutiny Board, CISF EZ HQrs, Patna 4.

The Inspector General, CISF EZ HQrs, New Patliputra Colony, Boring road, Patna- 800013 (Bihar) 5.

The Asstt. Inspector General, CISF EZ HQrs, Patliputra Colony, Boring Road, Patna- 800013 (Bihar) 6.

The Chairman, Staff Selection Commission (CR), 21-23, Lawther Road, Allahabad (UP) - 211 002 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s Shubhesh Pandey, Murlidhar Mishra, Advs For the Respondent/s :

Mr Rajesh Kumar Verma, ASG ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 30-07-2019 Heard learned counsel for the petitioner and the respondent-Union of India.

2 Petitioner has assailed the order dated 06.02.2014 whereby the Chairman of the Scrutiny Board of Central Industrial Security Force has directed the petitioner to produce his Domicile Certificate showing himself to be a domicile of Bihar as well as

Patna High Court CWJC No.13722 of 2014 dt.30-07-2019 2/3 the Caste Certificate as the petitioner has been declared successful against the vacancy reserved for Schedule Caste in the process of appointment of Constable (General Duty).

3 Learned counsel for the petitioner makes a prayer that he should be allowed time so that he can implead the State of Bihar in these proceedings as he now seeks a direction upon the State of Bihar for issuing his Domicile Certificate as well as Caste Certificate.

4 Prayer of petitioner is thoroughly misconceived. Even if the petitioner succeeds today in getting a certificate certifying him to be a Member of Scheduled Caste and a Domicile Certificate from the Authorities in the State of Bihar, the same cannot be relied upon in support of his candidature in the process of selection in which he has participated much earlier. The basic premise for such submission has also been not been laid in the pleadings in the writ petition, as no prayer has been made for issuing Domicile Certificate or Caste Certificate, which, in the above noted facts, would amount to a new case based on a distinct cause of action as it cannot have any bearing on the much earlier concluded selection process.

5 In the circumstances, prayer for impleadment of the State of Bihar in the instant case is rejected as the relief lies

Patna High Court CWJC No.13722 of 2014 dt.30-07-2019 3/3 against the Union of India in view of the requirements raised by order dated 06.02.2014 issued by the Chairman of the Scrutiny Board. Admittedly, the petitioner, till date, does not have a Domicile Certificate showing him to be a resident of Bihar and he also does not have any Caste Certificate showing him to be a Member of the Scheduled Caste so as to avail of the opportunity granted by the Authorities by order dated 06.02.2014. On his failure to produce the requisite certificates in support of his selection/candidature, the order dated 06.02.2014 has taken effect and his candidature has been cancelled.

6 Writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 26.08.2019 Transmission Date NA