Writ petition was dismissed as conference on identical contentions was handled by earlier Division Bench order in Special Appeal Defective No.962 of 2018.
Naval cases contained § 223, §226, §223 (Art 14, 16), §223 (Art 21), §223 (Const.) and relief given (plea was dismissed)
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Court No. - 5
Case :- WRIT - A No. - 3763 of 2021
Petitioner :- Nitish Mishra And 8 Others Respondent :- Union Of India And Another Counsel for Petitioner :- Laloo Yadav Counsel for Respondent :- A.S.G.I.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and learned Standing Counsel for respondents no.1 and 2.
The petitioners by means of present writ petition have prayed for following reliefs:-
"(A) A writ, order or direction in the nature of mandamus commanding the respondents for accept clause 2 of note II of advertisement of constable (GD) exam-2018 otherwise violations the right of the petitioners under Article 14, 16 & 21 of the Constitution of India.
(B) A writ, order, or direction in the nature of mandamus commanding the respondents to fill all the unfilled vacancies of Constable (GD) Exam2018 (unfilled Ex-servicemen seats about 5809 and others) and give them (Petitioners) one opportunity for selection of post of constable (GD) exam-2018.
(C) A writ, order or direction in the nature of mandamus commanding the Respondents to issue fresh merit list of constable (GD) exam-2018 for full post of vacancies (vacancies are 60210)."
The petitioners have applied for the post of Constable (GD) in Central Armed Police Force (CAPF), BSF, CISF, CRPF, SSB, Assam Rifles, NIA, ITBP and SSF and other departments recruited in 2018 pursuant to advertisement published by Staff Selection Commission (SSC). The petitioners have appeared for selection but have failed as they could not meet minimum eligibility criteria for recruitment.
The petitioners in present writ petition want that out of the vacancies so advertised, a large number of vacancies remained unfilled and if the vacancies are filled up by reducing cut off marks, the petitioners can get selected.
Learned counsel for the respondents submits that controversy raised in the present case is squarely covered by the judgement of Division Bench of this Court in Special Appeal Defective No.962 of 2018 (Vinay Kumar Singh and 360 others Vs. Union of India and 2 others), decided on 12.10.2020 whereby the similar contention which has been raised in the present writ
petition has been repelled.
Learned counsel for petitioners has been supplied copy of aforesaid judgement of Special Appeal and after perusing the same, he could not point out that the controversy raised in the present writ petition is not covered by the judgement of this Court in Special Appeal Defective No.962 of 2018.
The reading of judgement of this Court clearly reveals that contention raised in the present writ petition has been repelled by this Court in Special Appeal Defective No.962 of 2018.
Since, the identical controversy has been concluded by this Court in Special Appeal Defective No.962 of 2018 (Vinay Kumar Singh and 360 others Vs. Union of India and 2 others), therefore, the reliefs claimed by the petitioners extracted above, cannot be granted.
For the reasons given above, the writ petition lacks merit and is dismissed.
Order Date :- 16.7.2021 S.Sharma
3 issues framed by the court
Whether the respondents are commanded to accept clause 2 of note II of constable (GD) exam-2018 advertisement.
Whether the petitioners are entitled to one more opportunity for selection in Constable (GD) Exam 2018.
Whether fresh merit list for 60210 vacancies of Constable (GD) exam-2018 needs to be issued.
Colour shows how this judgement treated each authority
Vinay Kumar Singh and 360 others Vs. Union of India and 2 othersDistinguished¶12
Special Appeal Defective No.962 of 2018
Nitish Mishra
Union Of India
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
