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Madras High CourtWP/1978/2021dismissed

M.Viji v. The Directorate General

2021-02-05Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.02.2021 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.1978 of 2021 and WMP Nos.2238 and 2239 of 2021 M.Viji .... Petitioner -vs1. The Directorate General CRPF (Recruitment Branch), Fast Block - 07-Level-4, Sector-01, R.K.Puram, New Delhi - 110 061.

2. The Director, Southern Regional Office, Staff Selection Commission (Southern Region), 2nd Floor, EVK Sampath Building, DPI Campus, College Road, Chennai - 600 006.

3. The Presiding Officer, Hgr. CRPF Chennai, GC Avadi, Tamil Nadu.

.... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, seeking a direction against the 3rd respondent to call for the records pertaining to issuance of the impugned order, dated 16.01.2020 and quash the same and consequently direct the respondent to appoint the petitioner having the post of Constable / GD (CRPF).

For Petitioner : Mr.P.Settu For Respondents: Dr.G.Babu *****

O R D E R

This writ petition has been filed to quash the order of the 3rd respondent dated 16.01.2020, by which the candidature of the petitioner has been rejected for production of different

community certificate. The petitioner also sought a direction to the respondents to appoint him in the post of Constable / GD (CRPF).

2. By consent of both sides, the orders are passed in the writ petition. Dr.G.Babu, learned Standing counsel takes notice for the respondents.

3. The case of the petitioner is that he applied for the post of Recruitment of Constables (GD) in Central Armed Police Forces (CAPFS), NIA & SSF and Rifflemen (GD) Vs. Assam RIFLES (AR) Examination 2018 under the category Schedule Caste (SC) and his community has been wrongly mentioned as SC instead of OBC in the Internet centre. It is the case of the petitioner that though he has produced the correct certificate, namely, Other Backward Certificate (OBC) at the time of document verification, his candidature has been rejected by the respondents owing to the aforesaid mistake. Aggrieved by the same, the petitioner has preferred the present writ petition, seeking to quash the impugned order.

4. Admittedly, the petitioner belongs to OBC community and he, while applying to the post of Constable / GD (CRPF) inadvertently mentioned his category under "Schedule Caste" instead of mentioning under OBC, which ultimately resulted in rejection of his candidature. The error committed by the petitioner is apparent and therefore, this Court finds no ground whatsoever to interfere with the impugned order, as the said mistake cannot, at any stretch of imagination, be treated as a technical error.

5. Hence, finding no merits in the writ petition, the same is dismissed as devoid of merits. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vum To:

1. The Directorate General CRPF (Recruitment Branch), Fast Block - 07-Level-4, Sector-01, R.K.Puram, New Delhi - 110 061.

2. The Director, Southern Regional Office, Staff Selection Commission (Southern Region), 2nd Floor, EVK Sampath Building, DPI Campus, College Road, Chennai - 600 006.

3. The Presiding Officer, Hgr. CRPF Chennai, GC Avadi, Tamil Nadu.

+1cc to Mr.G.Babu, Advocate SR.6704 +1cc to Mr.M.Selvan, Advocate SR.6445 W.P.No.1978 of 2021 and WMP Nos.2238 and 2239 of 2021 AK II(CO) CB(26/02/2021)