Lilesh Kumar Tiwari & Ors. vs Sashastra Seema Bal & Anr.

SANJEEV SACHDEVA, J. (ORAL)

Petitioners seek quashing of the rejection of the candidature of the petitioners, who had applied for recruitment to the post of Constable (Driver) in the Sashastra Seema Bal (SSB).

Respondents had issued an advertisement dated 29.08.2020 advertising vacancies in 16 categories of Constables in the SSB. The concerned category with which the petitioners are concerned is the category of Constable (Driver) for male only.

The advertisement stipulates that candidates must fulfil all the eligibility conditions for the applied post and should be in possession of all certificates as on the last date of the application i.e. 30 days from the date of publication of the advertisement in the Employment News. It is an admitted position that the last date for making an application was 27.09.2020 and all the petitioners submitted their applications prior to the said date.

The eligibility conditions for the post of Constable (Driver) were two-fold; (i) matriculation or equivalent from a recognized Board (ii) must possess a valid heavy vehicle Driving License.

In terms of the eligibility conditions read with the stipulated date of application, it was mandatory that all candidates who apply for the said post must inter alia possess a valid heavy vehicle Driving License as on the closing date of the receipt of the application i.e. 27.09.2020.

Candidature of the petitioners has been rejected on the ground that they failed to produce a valid heavy vehicle Driving License which was possessed by them prior to the closing date i.e. 27.09.2020.

The petition gives the various dates on which the Driving License was issued to each of the petitioner. We notice that the Driving License was obtained by petitioner No.2 on 30.09.2020 and others had obtained it after October, 2020 and as late as on 04.04.2020. For the sake of completion, the table given by the petitioners in their petition is extracted hereinbelow:-

Clearly from the own showing of the petitioners, none of the petitioners possessed a valid heavy vehicle Driving License as on the last date of making the application i.e. 27.09.2020.

Since the advertisement mandated that as on the closing date of application, candidate must possess a valid heavy vehicle Driving License, the application of the petitioners who obtained a License after the closing date has rightly been rejected by the respondents on the ground that they did not satisfy the eligibility condition as on the crucial date.

We find no merit in the contention of learned counsel for petitioners that on account of COVID, extension should have been granted to the petitioners to enable them to apply for a License. The eligibility condition was very categorical and required holding of a valid heavy vehicle Driving License as on the last date of submitting an application. Petitioners never approached any court of law impugning the eligibility condition. Further, there may be several other individuals who noticing the eligibility condition failed to apply. Since the eligibility conditions prescribed by the Department are sacrosanct, this Court would not interfere with the eligibility condition, particularly, after a candidate has already participated in the selection process and has been rejected on the ground that he does not satisfy the requisite eligibility condition.

In view of the above, we find that no error has been committed by the respondents in rejecting the candidature of the petitioners on the ground that they did not satisfy the mandatory eligibility condition as required by the subject advertisement.

Accordingly, we do not find any merit in the petition. Petition is consequently dismissed.