Vikram Swami vs Union Of India & Ors.

“a)

Issue a Writ of Certiorari for quashing of the advertisement issued by the Respondents in the employment news dated 16-22 October, 2021 to the extent whereby the Indian Navy has reserved its right for short listing the Applicants by increasing the cut off marks obtained by them in class 10+2 examination, contrary to the already laid down eligibility criteria in the said advertisement, after their applications were received by them for recruitment as PBOR(s) in the Indian Navy; and

b)

Issue a Writ of Mandamus directing the Respondents to consider all candidates, who are fulfilling the eligibility criteria laid out in the advertisement, to take part in the selection process by issuing admit cards to them for the post they have applied for; and

c)

Pass any such orders as the Hon'ble Court may deem fit in the light of above mentioned facts and circumstances of the case.”

THE INDIAN NAVY

INVITES ONLINE APPLICATIONS FROM UNMARRIED MALE CANDIDATES FOR ENROLMENT AS SAILORS FOR ARTIFICER APPRENTICE (AA) & SENIOR SECONDARY RECRUITS (SSR) – FEB 2022 BATCH COURSE COMMENCING FEBRUARY 2022

ELIGIBILITY CONDITIONS

1.

Online applications are invited from unmarried male candidates (who fulfil eligibility conditions on last date) by the Government of India) for enrolment as sailors for AA and SSR for SSR & 2000 vacancies (Approximately) respectively in the Feb 2022 batch. The vacancies will be earmarked in a state-wise manner. For the total of 2500 vacancies, approximately 10000 candidates will be called for written examination and Physical Fitness Test (PFT). The cut off marks for appearing in written examination may vary from state to state.

2. Educational Qualifications

(a)

AA- Qualified in 10+2 examination with 60% or more marks in aggregate with Maths & Physics and at least one of those subjects - Chemistry/Biology/Computer Science from the Board of School Education recognised by Ministry of Education, Govt. of India.

(b)

SSR- Qualified in 10+2 examination with Maths & Physics and at least one of those subjects - Chemistry/Biology/Computer Science from the Boards of School Education recognised by Ministry of Education, Govt. of India

3.

Age. Candidates should be born between 01 Feb 2002 to 31 Jan 2016 (Both dates inclusive).

PAY AND PENDIDATES

4.

Pay & Allowances. During the initial training period, a stipend of ₹ 14,600/- per month will be accrued. On successful completion of initial training, they will be placed in Level 3 of the Defense Pay Matrix (₹ 21,700- ₹ 93,100). In addition, they will be paid MSP @ ₹ 5200/- per month plus DA (as applicable) plus X Group pay (only for Article Apprentice (AR) @ ₹ 3600/- per month plus DA (as applicable) as under trainee and ₹ 5200/- per month plus DA on successful completion of AICTE recognised Diploma Course.

5.

Promotion. Promotion prospects exist up to the rank of Master Chief Petty Officer-I, i.e. Level 8 of the Defense Pay Matrix (₹ 47,600- ₹ 1.51,100) plus MSP @ ₹ 5200/- per month plus DA (as applicable). Opportunities for promotion to commissioned officer also exist for those who perform well and qualify the prescribed examinations and clear Services Education Boards.

6. Perquisites

(a)

During the entire period of training and thereafter, sailors are given books, reading material, uniforms, food and accommodation as per entitlement.

(b)

Sailors are entitled to medical treatment, Leave Travel Concessions for self and dependents, Group Housing Benefits and other privileges. Sailors are also entitled to Annual and Casual Leave, Children Education and House Rent Allowance. Post retirement benefits include pension, gratuity and Leave encasement. All perquisites are extended as per service conditions and their eligibility/availability is regulated as per Government orders in force and amended from time to time.

7.

Insurance Cover. Insurance cover (on contribution) of ₹ 50 bbls for sailors is applicable.

SELECTION CRITERIA

8.

Due to COVID-19 pandemic, an exception is being made in the public interest wherein approximately 10000 candidates will be called-up for written examination and PFT. The shortlisting of the candidates for written examination and PFT will be undertaken on the basis of percentage of qualifying examination (10+2 examination). The cut off marks may vary from state to state as vacancies have been allocated in a state-wise manner.

9. Written Test

(a)

The question paper will be 'silingual (Hindi & English) and objective type.

(b)

The question paper will comprise of four sections (i.e. English, Science, Mathematics and General Knowledge).

(c)

The standard of the question paper will be that of 10+2 level and the syllabus for the examination is available on website www.joinsindiannavy.gov.in.

(d)

Question of examination will be one hour.

(e)

All candidates appearing for written examination would be subjected to PFT on the same day.

10. Physical Fitness Test (PFT)

(a)

Qualifying in Physical Fitness Test (PFT) is mandatory for selection.

(b)

PFT will consist of 1.6 Kvs run to be completed in上下班s, 20 speeds (Uthak, Baitha) and 10 Push-ups. Candidates undergoing PFT will do so at their own risk.

11.

Merit lists for AA and SSR will be prepared based on performance in written examination subject to qualifying Physical Fitness Test (PFT), as follows:-

(a)

AA - Top 600 candidates (approx.) on all India order of merit, who meet the eligibility criteria for AA will be issued call up letter for Enrolment Medical Examination at INS Online.

(b)

SSR- Approximately 2500 candidates will be issued call up letter for Enrolment Medical Examination at INS Online on the basis of state-wise merit.

Note - The cut off marks for issue of call up letter for Enrolment Medical Examination at INS Online may vary from state to state for SSR entry.

12. Medical Standards

(a)

Medical examination will be conducted by authorised military doctors as per medical standard prescribed in current regulations applicable to sailors on entry.

(b)

Minimum height 157 cms. Weight and Chest should be proportionate. Minimum chest expansion of 5 cms. Details regarding minimum height standards for entry into the Indian Navy as Sailors, including applicable relaxations, can be accessed from the official recruitment website.

(c)

The candidate must be in good physical and mental health, free from any defect likely to interfere with the efficient performance of duties (with ashore and allied under power as well as war conditions as per Navy Order (Special) 872098). Extract of the Navy Order can be accessed from the official recruitment website at Indian Navy.

(d)

Enrolment Medical Examination of all candidates who are in merit list will be held at INS Online. Candidates who are found medically fit in Enrolment Medical Examination will be enrolled. Candidates who are found medically unfit will be advised to appeal against its findings, if they so desire, at INHS Novartis, Chiba and INHS Kayyan, Visakhapatnam within a maximum period of 21 days. No further review/ appeal is permissible if declared unfit in the specialist review.

Note - Candidates are advised to get their ears cleaned for wax, and tartar removed from teeth prior to enrolment medical examination.

13. Visual Standards (Distant vision only)

Without Glasses		With Glasses
Suitor Eye	Worse Eye	Suitor Eye	Worse Eye
6/6	6/9	5/6	5/6

Note - Applicants declared Permanent medically unfit by any Armed Forces Hospital in previous Enrolment for the same entry in Navy are advised not to apply.

14.

Ratings. Permanent body lattices are only permitted on inner face of forearms i.e from inside of above to the wrist and on the reversed side of paint back (dorsal side of face). Permanent body lattices on any other part of the body is not acceptable and candidate will be barred from recruitment.

TRAINING AND INITIAL ENROLMENT

15.

Training. The training for the course will commence in Feb 2022, with 09 weeks for AA and 22 weeks for SSR Basic Training at INS Online followed by Professional training in the allotted trade in various Naval Training Establishments. Benefit/ Trade will be allocated as per the requirement of Service.

16.

Discharge as 'Unsuitable'. Trainees are liable to be discharged as 'UNSUITABLE' if their progress (including academic) and/ or conduct is unsatisfactory at any time during training. Trainees are also liable to be discharged at any stage of training and thereafter if their documents are found to be stored at the stage of recruitment.

17.

Personal Enrolment. The initial engagement is subject to successful completion of training. The initial engagement is for a period of 28 years for AA and 15 years for SSR.

18.

The applications are to be filled online only on website www.joinsindiannavy.gov.in and all required documents in original are to be scanned and uploaded. The selection procedure is as follows:-

(a)

The original documents uploaded by the candidates during online filling of application viz Original Certificates, Mark Sheets, Domicile Certificate and NCC Certificate (if held) are to be brought by the candidates at all stages of recruitment (Written Examination and Enrolment Medical at INS Online). If the details provided in online application are not matching with original documents at any stage, the candidates will be cancelled.

(b)

The cut off marks for appearing in written examination may vary from State to State. All PFT qualified candidates will only be considered for preparation of merit list.

(c)

The merit list will be available on website www.joinsindiannavy.gov.in in Jan/ Feb 22. All candidates appearing in merit list will be called at INS Online for Enrolment Medicine. The selection of a candidate will stand cancelled and he will have no claim for enrolment in the Indian Navy in case the candidate fails to report on the date and time mentioned in cut letter for Enrolment Medical Examination at INS Online. Enrolment will be subject to Fitness in Enrolment Medical Examination at INS Online. Medical fitness certificate other than of the specialist opinion in a Military Hospital will not be considered. No further review/ appeal is permissible.

(d)

The candidate's selection pertaining to a particular batch is valid for that batch only. Qualified candidates whose names do not appear in the merit list cannot claim admission for the next batch. These candidates will have to undergo the selection procedure afresh, provided they meet the eligibility criteria for the fresh batch.

(e)

All candidates who are selected in merit list will be required to download Police Verification form and other associated forms along with the Call letter for Enrolment Medical Examination at INS Online. The candidates will be required to submit the same to INS Online after getting their antecedents verified on Police Verification form. Online police verification form from the Superintendent of Police of their respective jurisdiction. Candidate should be in possession of police verification from either place of domicile or place of residence. Candidates without the verified police verification reports or reports with adverse comments will not be eligible for enrolment. The format for the police verification form can also be downloaded from the website www.joinsindiannavy.gov.in immediately after the declaration of arrest list, to ensure timely verification.

(f)

No enquiry will be entertained regarding this recruitment/ enrolment after a period of six months.

HOW TO APPLY

19.

For this entry, the candidates can apply ONLINE ONLY on the official website www.joinsindiannavy.gov.in from 18 Oct 21 to 25 Oct 23. The procedure is as follows:-

(a)

Before filling online application, keep mailer certificate & 10+2 Mark sheet ready for reference.

(b)

Register yourself or www.joinsindiannavy.gov.in with your e-mail ID, if not registered already. The Application is on time to fill online from your application form. They are providing their valid and active e-mail IDs and mobile numbers, which should not be changed to selection procedures in one.

(c)

'Log-in' with the registered E-mail ID and Click on 'Current Opportunities'.

(d)

Click on 'Apply' (c) button.

(e)

Fill up the 'Fair' completely. Before clicking the 'Submit' button make sure all the details are correct. All required documents are scanned in original & uploaded.

(f)

Online applications will be further scrutinised for eligibility and may be rejected at any stage, if found incomplete or any request.

(g)

Photographs. Good quality photograph with blue background to be uploaded.

20.

The application may be uploaded from Common Service Centers (CSC) across the country, against fixed fees of Rs 50 + GST. This facility is entirely optional.

21.

In case of any difficulty faced by potential candidates, they may contact IHG MoD (Navy) through website www.joinsindiannavy.gov.in.

22. IMPORTANT INFORMATION

(a)

Mobile phones for any other communication devices are not allowed inside the examination premises. Any infringement of these instructions shall entail disciplinary action including ban from future examinations.

(b)

Candidates are strongly advised to apply online well in time without waiting for the last date for submission of online application.

(c)

No candidate should misbehave in any manner or create disorderly scene in examination premises.

(d)

Candidates should avoid submitting multiple applications. If more than one application is received from a candidate, the candidates will be cancelled.

(e)

The decision of the Indian Navy as to the eligibility or otherwise of a candidate for admission to the written examination and PFT shall be final.

(f)

Wrong information about domicile certificate will result in cancellation of candidature at any stage of recruitment or training.

It is mandatory to submit a negative RT-PCR laboratory report of COVID-19 from Govt/ ICMR accredited laboratory by candidates at the time of written examination (Report should be dated maximum 72 hours prior to reporting date).

REMARK OF AGENTS/CHILTS TOUTS/ANT: SOCIAL ELEMENTS

Person claiming respect will be officially of the Naval Recruitment Organisation may promise to get a candidate recruited and on the protest may collect money. WE WOULD LIKE TO ASSIST THAT SUCH A THING IS NOT POSSIBLE. CLASS will only be issued by IHG MoD(N). Approach the police will stage FPI in case of any harassment by trade. Before succumbing to the promises of any agent think twice! If you think that you can get the things done unlawfully, you are bound to hear! You are advised to conduct yourself as a law abiding citizen of the country and refrain from using unfair means.

DISCLAIMER

The terms and conditions given in the advertisement are guidelines only and orders issued by the Government as amended from time to time will apply for the selected candidates.

Scan this QR code to apply online

i.) Advertisement for recruitment is published in employment news and leading newspaper across the country as well as on the website; „www.joinindiannavy.gov.in‟.

ii.) Candidates are to fill online form on website www.joinindiannavy.gov.in and upload scanned copy of Class 10 and Class 12 mark sheets and Domicile Certificate on the website.

iii.) Shortlising of candidates in carried out State-wise, based on marks obtained in the qualifying (Class 12). The shortlisted candidates are issued admit cards for the next stage (written exam & physical fitness test). The number of candidates shortlisted (10,000 candidates for AA/SSR – 01/2022 batch) is based on the „testing capacity‟ of the Indian Navy.

iv.) The shortlisted candidates undergo written examination and physical fitness test at designated Naval Recruitment Establishments.

v.) Merit List is compiled based on marks obtained in the written examination (Stage II), subject to candidates qualifying in physical fitness test. The candidates featuring in the merit list are given the call up letter for enrolment medical examination at Chilka.

vi.) On reporting at INS Chilka, candidates undergo induction medical examination. Medically qualified candidates are thereafter inducted.”

i.) “It is submitted that the recruitment of sailors in the Indian Navy is undertaken based on the State-wise Recruitable Male Population (hereinafter referred to as “RMP”), which is as per the directives issued to the three services by Government of India Ministry of Defence vide MoD/ Def Sec Note ID No. 6287/Def Secy dated 03.07.1992. It is further submitted that the recruitment in the three services is based on state wise RMP, which is further derived from the National census data, is an established principal. It is further submitted that hence, towards ensuring the homogenous representation from all States, State-wise shortlisting of candidates is undertaken.

ii.) It is submitted that the aim of recruitment in the Indian Navy is to select qualified and competent manpower whilst ensuring that the national character of the Indian Navy is maintained, through homogenous representation from all states/ union territories. It is further submitted that the homogenous representation amongst sailors is essential for maintaining the functional efficiency of the war-fighting platforms of the Indian Navy. It is further submitted that the recruitment of personnel based on State wise RMP is critical towards maintaining the homogeneous representation, which further necessitates the state wise shortlisting of candidates.

iii.) It is submitted that the process of shortlisting of candidates State-wise, based on marks obtained in the qualifying examination is an established procedure, which was being followed prior to the introduction of the computer based INET Test in 2018, and the same has been laid down in Navy Order 27/2015. It is further submitted that the purpose of the INET examination was to shortlist candidates for the further stages of recruitment, for which candidates were being shortlisted vide the state wise RMP. Hence, the process of shortlisting candidates based on state wise RMP, has always been there and no change has been made by the Indian Navy in that regard. ”

i.) “It is submitted that Section 11 of Navy Act 11957 and Regulation 261(2) of Regs Navy Part III authorizes the Chief of the Naval Staff to conduct recruitment of sailors through the Recruitment Organisation and lay down appropriate regulations regarding manner, procedure and terms and conditions of enrolment. A copy of Section 11 of Navy Act, 1957 is annexed herewith and marked as Annexure R-3. A copy of the Regulation 261(2) of Regs Navy Part III is annexed herewith and marked as Annexure R-4.

ii.) It is submitted that the Government of India/ Ministry of Defence Letter dated 01.09.2006 delegates administrative powers to Service headquarters wherein Sr. NO. 10 at Appendix „A‟ delegates the authority to “introduce new entry/ schemes/ disciplines including technical education qualification for induction of personnel into the Army/ Navy/ Air Force with no additional financial implications”, to the Chief of Personnel (hereinafter referred to as “COP”). A copy of the Ministry of Defence Letter dated 01.09.2006 is annexed herewith and marked as Annexure R-5.

iii.) It is submitted that the detailed orders pertaining to recruitment methodology to be employed have been laid down in the Navy Order No. 27/2015. It is further submitted that the Para 20 of Navy Order No. 27/2015 specified the conduct of written examination (for all entries except for musicians and sports entry), for shortlisting of candidates to undergo Physical Fitness Test. Copy of relevant extracts of the Navy Order No. 27/2015 is annexed herewith and marked as Annexure R-6.

iv.) It is submitted that it is evident from above, that the COP is authorized to decide on the recruitment methodology including the mode of examination for induction of sailors.”

“18.

The constitution of Administrative Tribunals was necessitated because of the large pendency of cases relating to service matters in various courts in the country. It was expected that the setting up of Administrative Tribunals to deal exclusively in service matters would go a long way in not only reducing the burden of the courts but also provide to the persons covered by the Tribunals speedy relief in respect of their grievances. The basic idea as evident from the various provisions of the Act is that the Tribunal should quickly redress the grievances in relation to service matters. The definition of “service matters” found in Section 3(q) shows that in relation to a person, the expression means all service matters relating to the conditions of his service. The significance of the word “his” cannot be ignored. Section 3(b) defines the word “application” as an application made under Section 19. The latter section refers to “person aggrieved”. In order to bring a matter before the Tribunal, an application has to be made and the same can be made only by a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal. We have already seen that the word “order” has been defined in the explanation to sub-section (1) of Section 19 so that all matters referred to in Section 3(q) as service matters could be brought before the Tribunal. If in that context Sections 14 and 15 are read, there is no doubt that a total stranger to the service concerned cannot make an application before the Tribunal. If public interest litigations at the instance of strangers are allowed to be entertained by the Tribunal, the very object of speedy disposal of service matters would get defeated.”

“i) Decline in Academic Performance of Trainees:

A major decline in the academic performance of trainees was observed in the training institutions. The alarming decline in academic performance was evident from the fact that around 220 trainees were relegated from a particular batch on academic grounds, out of which approx. 50 candidates were subsequently discharged from service as unsuitable (based on poor academic performance).

ii) Reports of Manipulation of Online Examinations:

Since early 2021, various reports/cases/attempts of manipulation/hacking of online or computer-based examinations (such as JEE, NEET, GRE, STAR conducted by IAF etc.) had surfaced in the media. Hence, a review of the security features of Indian Navy‟s INET was considered essential.

iii) Nexus of Coaching Centres/Touts/ Middlemen, etc:

Experience from conducting examinations, inputs from field as well as various internal inquiries by the Indian Navy have suggested that the environment in which the computer-based examination is conducted, is extremely hostile, with numerous players including coaching centres, touts, middlemen, examination centre owners and some of their staff form an impenetrable nexus involved in subverting the examination process. ”

i.) “It is submitted that the recruitment of sailors in the Indian Navy is undertaken based on the State-wise Recruitable Male Population (hereinafter referred to as “RMP”), which is as per the directives issued to the three services by Government of India Ministry of Defence vide MoD/ Def Sec Note ID No. 6287/Def Secy dated 03.07.1992. It is further submitted that the recruitment in the three services is based on state wise RMP, which is further derived from the National census data, is an established principal. It is further submitted that hence, towards ensuring the homogenous representation from all States, State-wise shortlisting of candidates is undertaken.

ii.) It is submitted that the aim of recruitment in the Indian Navy is to select qualified and competent manpower whilst ensuring that the national character of the Indian Navy is maintained, through homogenous representation from all states/ union territories. It is further submitted that the homogenous representation amongst sailors is essential for maintaining the functional efficiency of the war-fighting platforms of the Indian Navy. It is further submitted that the recruitment of personnel based on State wise RMP is critical towards maintaining the homogeneous representation, which further necessitates the state wise shortlisting of candidates.

iii.) It is submitted that the process of shortlisting of candidates State-wise, based on marks obtained in the qualifying examination is an established procedure, which was being followed prior to the introduction of the computer based INET Test in 2018, and the same has been laid down in Navy Order 27/2015. It is further submitted that the purpose of the INET examination was to shortlist candidates for the further stages of recruitment, for which candidates were being shortlisted vide the state wise RMP. Hence, the process of shortlisting candidates based on state wise RMP, has always been there and no change has been made by the Indian Navy in that regard. ”