Ganesh Paswan, son of late Parikha Paswan v. Union of India through Secretary, Ministry of Home Affairs, Government of India, New Delhi
2017-04-11
SHREE CHANDRASHEKHAR
body2017
DigiLaw.ai
I.A. No. 2878 of 2017 This application has been filed on behalf of the Union of India-respondent no. 1. Mrs. A. R. Choudhary, the learned counsel for the respondent no. 1 submits that in the writ petition no relief has been sought against respondent no. 1 and while so, respondent no. 1 is not a necessary party. 2. For the reasons stated in the application, I.A. No. 2878 of 2017 is allowed. 3. Respondent no. 1 is deleted from the array of the parties. W.P.(S) No. 3547 of 2008 4. The contesting respondents have putin their appearance and filed counteraffidavit on 02.12.2008. 5. This writ petition was listed for hearing on 05.11.2009 and thereafter on two subsequent occasions, however, it was not finally decided. Since, pleadings in the matter are complete, I have taken up the matter for final hearing at this stage itself. 6. Mr. Atanu Banerjee, the learned counsel for the petitioner, referring to the advertisement issued by the Central Industrial Security Force (hereinafter referred to as “CISF”) for appointment of Barber, Carpenter, Sweeper, Painter etc., submits that it was specifically mentioned in the advertisement that only upon verification of the certificates, the candidates who are found eligible can be permitted to participate in the further test. Petitioner's testimonials were verified on 14.02.2008 and thereafter, he was permitted to participate in the further tests (trade tests). In the aforesaid facts, it is contended that petitioner's candidature, on a plea that his registration with the employment exchange is subsequent to the selection process and, that the caste certificate was not in proper format, cannot be rejected. 7. Generally, eligibility of a candidate aspiring for appointment is tested as on the last date for submitting applications. The above advertisement was issued by the Rozgar Career India on 12.01.2008 in the newspaper. The advertisement itself disclosed the eligibility conditions for appointment on various Class-IV posts. One of the conditions was that an applicant must be registered with an employment exchange in any State. The petitioner was registered with the employment exchange on 13.02.2008 whereas, the selection process had already started on 11.02.2008. It was on 14.02.2008 when the certificates of the candidates were verified.
One of the conditions was that an applicant must be registered with an employment exchange in any State. The petitioner was registered with the employment exchange on 13.02.2008 whereas, the selection process had already started on 11.02.2008. It was on 14.02.2008 when the certificates of the candidates were verified. Just because the petitioner was permitted to participate in the trade test which was held on 21.02.2008 he cannot contend that he fulfill the mandatory eligibility conditions in the advertisement and therefore, rejection of his candidature was erroneous. Leaving aside the issue of caste certificate not in proper format, the petitioner having failed to attain the minimum eligibility qualifications under the advertisement, has rightly been declined appointment. 8. Finding no infirmity in the impugned order dated 23.04.2008, the writ petition is dismissed.