Md. Riyaz Alam Ansari (Shaurya Chakra) And ORS v. Union Of India And ORS

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17.10.2022 + W.P.(C) 14663/2022 MD. RIYAZ ALAM ANSARI (SHAURYA CHAKRA) AND ORS .... Petitioners Through:

Mr. Ankur Chhibber and Mr. Nikunj Arora, Advocates versus UNION OF INDIA AND ORS .... Respondents Through:

Mr. Anurag Ahluwalia, CGSC with Mr. R. M. Tripathi, GP for R-1 to 5 Mr. Farman Ali, Sr. Panel Counsel with Ms. Usha Jamnal and Mr.

Krishan Kumar, Advocates for UOI

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE SAURABH BANERJEE J U D G M E N T (oral) CM APPL.44950/2022 (exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

W.P.(C) 14663/2022 & CM. APPL. 44949/2022 (stay) 3.

Vide the present petition, the petitioners seek following relief(s): "I. Issue a Writ of Certiorari for quashing of the advertisement dated 22.04.2022 to the extent whereby the vacancies notified are not in consonance with the CRPF Recruitment Rules of 2010 and thus miscalculated; and II. Issue a Writ of Mandamus directing the Respondents to recalculate the vacancies notified in the advertisement dated 22.04.2022 and thereafter increase the same in terms of the calculation as depicted in W.P.(C) 14663/2022 BALA CHHABRA 11:24

Para 8 of the present petition, which is in terms of the CRPF Recruitment Rules of 2010 issued by the Respondents themselves." 4.

It is not in dispute that the petitioner has already participated in the examination for the post in question, however, the case of the petitioner is that the respondents have wrongly calculated the vacancies, therefore, the petitioner had made a representation dated 10.09.2022 to the concerned respondent which has not been decided till date. 5.

In view of the above, without commenting on the merits of the case, we hereby direct the concerned respondent to decide the representation dated 10.09.2022 filed by the petitioner within two weeks from today and communicate the decision thereof to the petitioner within three days thereafter.

6.

Needless to say, if the petitioner feels aggrieved by the decision on the representation dated 10.09.2022, the petitioner may challenge the same before the appropriate forum.

7.

With the aforesaid directions, the present petition and pending application stand disposed of.

(SURESH KUMAR KAIT) JUDGE (SAURABH BANERJEE) JUDGE OCTOBER 17, 2022 rk W.P.(C) 14663/2022 BALA CHHABRA 11:24