W.P.(C)/6225/2024 of ANNEPU RADHAKRISHANAN Vs UNION OF INDIA AND ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(C) 6225/2024, CM APPL. 25943/2024 ANNEPU RADHAKRISHANAN ANNEPU RADHAKRISHANAN

..... Petitioner

Through: Mr. Rajat Arora, Mr. Niraj Kumar, Mr. Sourabh and Mr. Ravi Ranjan Mishra, Advs. Mr. Sourabh and Mr. Ravi Ranjan Mishra, Advs.

versus

UNION OF INDIA AND ANR

..... Respondents

Through: Mr. Nawal Kishore Jha, Sr. PC with

Mr. Chetan Jadon, GP with

Ms. Kalpana Jha, Adv. for UOI with

SI Z. Chasie, SI Prahlad and SI Amit Sharma Sharma

CORAM:HON'BLE MR. JUSTICE V. KAMESWAR RAOHON’BLE MR. JUSTICE DHARMESH SHARMAO R R03.05.2024

1. This petition has been filed by the petitioner with the following

prayers:

“It is therefore most respectfully prayed that the Hon'ble may be pleased to

(a) Issue an appropriate writ / direction / order to scrutinize / correct the final merit list / DME issued by the respondent no-I (CISF) on 21.02.2024 and appoint the petitioner in terms of the advertisement for the recruitment of departmental (LDCE) head constable ministerial 2022.

(b) Pass any other further order/direction as the Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.”

2. In effect, the case of the petitioner is that the petitioner had applied for promotion under the LDCE quota to the post of ASI/HC/(Ministerial). The petitioner having secured 74 marks in the OBC category need to be promoted against vacancy of general category as according to him, one candidate namely Shashi Kant Singh, who is of general category has secured less marks, than him.

3. We are unable to agree with the submission made by Mr. Rajat Arora, learned counsel appearing for the petitioner for the simple reason that the petitioner having been appointed under the OBC quota need to be promoted under the said quota as he continues to be an OBC candidate for the purpose of career progression. The reliance placed by Mr. Arora on the provision of 12.3.1 which has been clarified by the respondents vide communication dated March 18, 2024, is also reproduced as under:

“12.3.1. SC, ST, OBC and EWS candidates, who are selected on their own merit without relaxed standards along with candidates belonging to other communities, will not be adjusted against the reserved share of vacancies as per their position in the overall Merit List. The reserved vacancies will be filled up separately from amongst the eligible SC, ST, OBC & EWS candidates which will, thus, comprise of SC, ST, OBC and EWS candidates who are lower in merit than the last general candidate on merit list of unreserved category but otherwise found suitable for appointment by relaxed standard.”

*** *** *** Subject: -RECRUTMENT OF ASI/STENO AND HC/MIN – 2022 IN CISF:REG

With reference to your application dated 26.02.2024 and 28.02.2024 respectively, it is apprised that the provisions at Para 12.3.1 of notification are applicable only for direct candidates appearing in the recruitment.”

5. We do not see any merit in the petition, the same is dismissed.

V. KAMESWAR RAO, J

MAY 3, 2024/aky

DHARMESH SHARMA, J