High CourtsSINGLE BENCH(2017) 05 RAJ CK 0069

Vijay Singh Gurjar Son of Shri Poonya Ram Gurjar vs The Union of India

Rajasthan High Court · Decided on 17 May 2017

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia
CASE NUMBER
13492 of 2014

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Judgment

43 paragraphs · 441 words
1.

The present writ petition has been filed under Article

226 of the Constitution of India, praying that the petitioner who

has been declared successful for the recruitment as Constable

(GD), in Sashastra Seema Bal, be given appointment in pursuance

of the rank secured by him in the merit list.

2.

Admittedly, the petitioner applied in pursuance of the

advertisement issued for recruitment to the post of Constable

(GD) in CISF and Sashastra Seema Bal. The petitioner secured

61% marks and was held eligible for the recruitment to the post of

Constable (GD), in the category of OBC. However, the petitioner

was placed in the category of candidates from Uttar Pradesh.

3.

It is contended by the learned counsel for the petitioner

that the petitioner when went to join at Uttar Pradesh, he was not

permitted to join on the ground that he is resident of Rajasthan.

The learned counsel for the petitioner submitted that petitioner at

that stage approached the respondents to correct Code of State

and pleaded with the respondents that he has wrongly filled Uttar

Pradesh as State in the form, in fact, he is resident of Rajasthan.

The learned counsel for the petitioner has submitted that he has

been placed in quandary, neither he is being permitted to join at

Uttar Pradesh because he is resident of Rajasthan, at the same

time, he is not permitted to join at Rajasthan because he has not

given Rajasthan as Code in the application form.

4.

The learned counsel for the respondent has submitted

that the petitioner has not made to the select list in the State of

Rajasthan, however, he has made to the select list for the State of

Uttar Pradesh.

5.

After hearing the learned counsel for the parties, the

present petition is disposed of with the direction to Regional

Director, Staff Selection Commission (hereinafter called as ''SSC''),

North Region, to pass a detailed speaking order as to why

petitioner cannot be permitted to join his services in Uttar Pradesh

on the post of Constable (GD), as he successfully made to the

merit list. The Regional Director, SSC, North Region, shall in its

order also consider as to why petitioner cannot be permitted to

join his parent state i.e. State of Rajasthan.

6.

Needful shall be done by Regional Director, SSC, North

Region, within a period of one month from the date of receipt of

certified copy of this order.

7.

Liberty is granted to the petitioner that in case

favourable order is not passed by the Regional Director, SCC,

North Region, petitioner may avail lawful remedy available to him

in accordance with the provisions of law.