Dharmendra Kumar vs Union of India and Others

Anil Kumar, J.

CM No. 6912/2012

Allowed subject to all just exceptions.

W.P. (C) No. 3233/2012

The petitioner has sought a direction to the respondents to extend the benefit of age relaxation by three years for the OBC candidate in the Limited Departmental Competitive Examination. The petitioner has contended that he was recruited as a Constable in the Central Reserve Police Force in September, 1994. The petitioner was selected as Sub Inspector through the Limited Departmental Competitive Examination held on 14th May, 2006 and thereafter, he was promoted as Inspector w.e.f. 9th August, 2010. The petitioner contended that since then he has been working as an Inspector without any complaints and with an unblemished record.

The petitioner further disclosed that an advertisement for selection to the post of Assistant Commandant (GD) by the Limited Departmental Competitive Examination was issued on 16th April, 2012 and the applications were invited from serving Inspector (GD) and Sub-Inspectors (GD) from the different Para Military Forces. The posts of Assistant Commandant (GD) were temporary and were likely to be made permanent according to the exigencies of the circumstances.

According to the petitioner, the eligibility criteria as stated in the advertisement was 35 years as on 1st August, 2011, however, the eligibility of 35 years as on 1st August, 2011 was relaxable by 5 years for Scheduled Castes and Scheduled Tribes candidates. The petitioner also submitted that there has not been any age relaxation provided in the advertisement for OBC candidate.

The petitioner alleged that he had handed over the representation/request for amending the said advertisement and extending the benefit of age relaxation for OBC candidates as well. Since the request of the petitioner for age relaxation for OBC candidate was not considered and acceded to, he could not apply and submit the application for the post of Assistant Commandant (GD) in the Central Reserve Police Force as the last date for submission of the forms was 5th May, 2012. In the circumstances, the petitioner has filed the present writ petition to seek the relaxation of 3 years of age for the candidates belonging to OBC category.

The plea of the petitioner is contested by Sh. Rajinder Nischal, Advocate, who has appeared on advance notice on behalf of the respondents. Learned counsel for the respondents has pointed out that the Limited Departmental Competitive Examination is in respect of the posts notified by the respondents. The posts of Assistant Commandant (GD) which had been notified by the respondents, were 5 vacancies for Scheduled Castes, 2 vacancies for Scheduled Tribes and 25 unreserved vacancies, therefore a total of 31 vacancies. Learned counsel contended that no vacancy for OBC candidates had been notified and consequently, the petitioner cannot claim that there should be vacancies for OBC category also and that the benefit of age relaxation should be extended to the OBC category as well.

This Court has heard the learned counsel for the parties, and have also perused the advertisement given by the respondents and the vacancies notified by them for the posts of Assistant Commandant (GD). This cannot be disputed and has not been disputed that no vacancy for the OBC category has been notified by the Limited Departmental Competitive Examination. Since no vacancy has been notified, the petitioner cannot claim that the respondents must notify the vacancies for OBC category. Also no rule or regulation or precedent has been cited by which it will be made obligatory on the part of the respondents to notify the vacancies for the OBC category for Limited Departmental Competitive Examination wherein the vacancies for Scheduled Castes and Scheduled Tribes only have been notified.

If there are no vacancies for the OBC category, the petitioner cannot claim that there must be vacancies for the OBC category or that the petitioner should be given age relaxation of five years which is applicable only to the candidates of Schedule Castes and Schedule Tribes. Since there are no OBC category vacancies, therefore, if the age relaxation for OBC category has not been considered, then no illegality or irregularity can be imputed to the actions of the respondents in not considering the representation of the petitioner seeking three years age relaxation in this regard. There are no grounds, in the facts and circumstances, for the petitioner to claim three years age relaxation for the OBC category, as there are no OBC category vacancies for the post of Assistant Commandant. The writ petition, in the facts and circumstances, is without any merit and it is, therefore, dismissed.

CM No. 6913/2012

Since the main petition has been dismissed, this application does not survive.