Vikrant Nispagshi Sharma And ORS v. Union Of India And ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 2559/2017 & C.M. No. 11054/2017 VIKRANT NISPAGSHI SHARMA AND ORS ..... Petitioners Through:

Ms. Saahila Lamba, Advocate.

versus UNION OF INDIA AND ANR ..... Respondents Through:

Mr. Ripu Daman Bhardwaj, Advocate with Mr. Amit Kumar, Advocate for respondent Nos. 1 to 3.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA

O R D E R

% 22.10.2018

1. The challenge in the present writ petition is to an order dated 2nd March 2017 issued by the Director General, Sahastra Seema Bal ('SSB') appointing Respondent Nos.4 to 64 to the posts of Sub-Inspector (Min) in the SSB.

2. The ground on which the challenge is laid is that, initially, an advertisement had been issued only for 8 posts in respect of the year 2016-2017 and after the selection process was completed, a corrigendum was issued notifying 61 additional vacancies. It is urged that if the Petitioners had known that the number of vacancies was going to be greater, they might have had the chance of participating and being successful in that selection and therefore were W.P. (C) 2559 of 2017

prejudiced by the action of Respondent.

3. The Court is unable to accept the above submission. The fact of the matter is that there are several others who participated in the selection on the basis that there would be only 8 vacancies. It is a matter of chance that because of the error in notifying the number of vacancies, and the corrigendum issued later, these other persons who participated were upon selection able to be appointed to such vacancies. Not having participated in the selection, the Petitioners cannot claim any relief.

4. The Court is also informed that these are not carry-forward posts but are backlog posts and, therefore, the question of even Petitioner No.1 being prejudiced on that score does not arise.

5. Consequently, the Court sees no merit in this writ petition and it is dismissed as such. The application is disposed of.

S. MURALIDHAR, J.

SANJEEV NARULA, J.

OCTOBER 22, 2018 sapna W.P. (C) 2559 of 2017