Prem Chand Kumar & ORS v. Railway Protection Force & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1350/2017 PREM CHAND KUMAR & ORS. ..... Petitioners Through:

Mr Pardeep Gupta, Mr Parinav Gupta, Mr Moazzam Ali and Ms Mansi Gupta, Advocates.

versus RAILWAY PROTECTION FORCE & ORS. ..... Respondents Through:

Mr Rakesh Mittal and Mr H. Bose, Advocates for RPRC.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 11.02.2019

1. Learned counsel for the Respondents relies on the decisions in E.V. Deepa v Union of India AIR 2017 SC 1945 and Gaurav Pradhan v State of Rajasthan (2018) 11 SCC 352. He also refers to Clause 14 (f) of the Standing Order No.85 dated 5th March, 2009, which states that those candidates who do not avail any relaxation in age, physical measurements and qualifying marks in the written test and get selected purely on merits "shall not be counted against the vacancy reserved for such categories".

2. He further states, on instructions, that there are several persons in the merit list above the present Petitioners and, therefore, even if the plea of the Petitioners, based as it is on the decisions in Jitendra Kumar Singh v. State

of U.P. (2010) 3 SCC 119 and Vikas Sankhala v Vikas Kumar Agarwal (2017) 1 SCC 350 is accepted, they will still not be able to secure appointments as sought by them.

3.As far as the last submission is concerned, learned counsel for the Respondents states, on instructions, that within two weeks he will file an affidavit placing on record the factual position, with an advance copy to learned counsel for the Petitioners who is permitted to file response thereto before the next date.

4. List on 12th March, 2019.

5. The matter be treated as part-heard.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

FEBRUARY 11, 2019 rd