Sachin Rawat vs Union Of India & Others

R.N. Singh, Member (J)

The precise facts leading to the present case are that the respondent no. 2 has issued an advertisement for applications for the post in Delhi Police, CAPFs and Assistant Sub Inspector in CISF on 17.09.2019. The applicant applied for the same under Economically Weaker Section (EWS) category and participated in the selection process initiated by the respondent no. 2.

The grievance of the applicant is that the applicant has been shown as not qualified in the Physical Standard Test (PST) vide impugned order dated 26.11.2020 (Annexure A2). Learned counsel for the applicant invites our attention to the impugned rejection order/letter dated 26.11.2020 and submits that it is provided therein that the decision of the Appellate Authority will be final and no appeal will be entertained against the findings of the Appellate Authority. He submits that the same clearly indicates that there is a provision for appeal against such rejection. He also invites our attention to the provisions of paragraph 11.6.7 of the said Notification/Advertisement which provides as under:-

"11.6.7 Those candidates who are declared not qualified in Physical Standards, i.e. height and chest, may prefer an appeal, if they so desire, to the appellate authority present on the PET/PST ground. The decision of the appellate authority will be final and no further appeal or representation in this regard will be entertained."

He reiterates that such provision of the Advertisement also provides for appeal against the applicant's aforesaid result of not qualified in the PST.

Learned counsel for applicant submits that aggrieved of the impugned order/letter dated 26.11.2020, the applicant has preferred an appeal on the same date, i.e. 26.11.2020 (Annexure A6) which reads as under:-

"Sub: Appeal for re-measurement of PST Test, R/Sir,

I am Sachin Rawat, aspiring candidate for physical standard test SSC CPO 2019 Exam. My PET/PST test is held on 26.11.2020 at SSG CISF Gr. Noida, Board-0002. I have cleared the PET test but I have disqualified in PST height measurement test. I want to do an appeal for remeasurement of PST test. Kindly give me a chance for appearing in PST test."

He submits that though the further selection process is going to be held from 09.03.2021, however, the applicant's aforesaid appeal has not been considered and disposed of by the respondents till date.

Issue notice. Ms Neelima Rathore, learned counsel, who appears for respondents, on advance service, accepts notice. She submits that the aforesaid appeal is vague and without any ground. She further adds that applicant has not disclosed any illegality in the impugned order and on the face of it, the aforesaid appeal is nothing but mere attention of the applicant to prefer an appeal. She further argues that this Tribunal is not having jurisdiction over the respondents no. 3 & 4. However, she does not dispute the provision of Notification noted hereinabove and the Note in the impugned order which provides for an appeal. It is also not in dispute that the advertisement for selection has been issued by the respondent no. 2 i.e. Staff Selection Commission (SSC) and qua the respondent no. 2 this Tribunal is having the jurisdiction.

Accordingly, we are of the considered view that this Tribunal is having jurisdiction to entertain any grievances arising out of the action of the respondents no. 1 & 2 in the matter of selection and particularly in respect of the Advertisement under reference.

At this stage, learned counsel for the applicant submits that the applicant shall be satisfied if the present OA is disposed of with direction to the respondents to consider the aforesaid appeal dated 26.11.2020 (Annexure A6) in a time bound manner.

We are of the considered view that in the facts and circumstances if the aforesaid request of the applicant is accepted, no prejudice is likely to be caused to the respondents.

In the facts and circumstances without going into the merits of the claim of the applicant, the present OA is disposed of with direction to the respondents to consider the applicant's aforesaid appeal (Annexure A6) and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within 2 weeks from the date of receipt of a copy of this order.

The OA is disposed of with aforesaid directions. No costs.