Kundan Kumar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3858 of 2013 ===========================================================

1. Kundan Kumar Singh S/O Indra Deo Singh R/O Vill-Dhorlahi, Kaithal, P.S.- Amnour, Distt-Saran At Chapra .... .... Petitioner/s

Versus

1. The Union Of India Through Its Secretary, Ministry Of Home Affairs, New Delhi

2. The Regional Director, Staff Selection Commission, Central Range, Allahabad

3. The Director General , Boarder Security Forces, New Delhi .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. SURYA KANT MISHRA For the Respondent/s : Mr. N. A. SHAMSI =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 11-01-2016 Heard learned counsel for the petitioner and learned counsel for the Union of India.

This writ petition has been filed for a direction to the respondents to appoint the petitioner on the post of constable as he has successfully completed the selection process and the candidates having lesser marks have been selected whereas the petitioner has been denied the appointment.

It appears from the record that petitioner had applied for employment against the advertisement dated 5.2.2011 published by the Staff Selection Commission for the appointment of Para Military Forces which consists the Boarder Security Force, Central Industrial Security Force, Central Reserve Police Force and Shastra Sima Bal. The petitioner participated in the physical

Patna High Court CWJC No.3858 of 2013 dt.11-01-2016 efficiency test on 15.4.2011 conducted by the Board and after crossing physical efficiency test he was issued admit card for appearing in the written test which was conducted on 5.6.2011 as per merit list he has secured 45 marks in written test. The candidates having lesser marks have been appointed. Claim has been made by the petitioner obtained 45 marks has been left out but a person who has obtained 42 marks has been selected. No counter affidavit has been filed by the Union of India. Union of India is directed to examine case the case of the petitioner and if it is found that the persons having lesser marks have been selected it goes without saying that the person who got higher marks is required to be selected. The whole process should be completed within a period of six weeks from the date of receipt/production of a copy of this order. With the aforesaid observation this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U