Tej Singh Jatan S/O Jaibir Singh Vs Union of India, through Its Principal Secretary, New Delhi and Others — Bombay HC (2025) — LawSathi Research

Tej Singh Jatan S/O Jaibir Singh Vs Union of India, through Its Principal Secretary, New Delhi and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with no order as to costs; communication dated 23/08/2023 (pg.62) quashed and set aside; respondents directed to consider the petitioner's candidature for the post of Sub-Inspector from the Ex-servicemen Special Quota Category within four weeks.

Issue for consideration

Whether the petitioner, having undisputedly worked with the Special Forces (as evidenced by the CRPF communication dated 31.8.2023 and the SSC communication dated 01.09.2023), is entitled to have his candidature considered for the post of Sub-Inspector from the Ex-Servicemen Special Quota Category (3.3.1.1 and 3.3.1.3) under the notice dated 10.8.2022, notwithstanding the communication dated 23/08/2023.

Court's answer

Since it is now undisputed that the petitioner had worked with the Special Forces (as indicated by the communication dated 31/08/2023, pg.67, which is not disputed), the petitioner is entitled to be considered as a candidate for the post of Sub-Inspector from the Ex-servicemen Special Quota Category.

Ratio / Principle

The communication dated 23/08/2023 (pg.62) is quashed and set aside, and the respondents are directed to consider the candidature of the petitioner from the Ex-servicemen Special Quota Category.

Key takeaways

The consideration of the petitioner's candidature from the Ex-servicemen Special Quota Category shall be completed within a period of four weeks.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Division Bench: Avinash G. Gharote and Abhay J. Mantri, JJ.) disposed of a writ petition concerning non-consideration of the petitioner's candidature for the post of Sub-Inspector under the Ex-Servicemen Special Quota Categories 3.3.1.1 and 3.3.1.3 of the advertisement notice dated 10.8.2022. Relying on the communication dated 31.8.2023 (pg.67) of the Deputy Commandant, Group Center CRPF, Pune — which was not disputed — confirming that the petitioner had worked with the Special Forces and was eligible for the special quota, and the communication dated 01.09.2023 (pg.68) of the Regional Director, Staff Selection Commission, the Court held the petitioner entitled to consideration under the Ex-servicemen Special Quota Category. The communication dated 23/08/2023 (pg.62) was quashed and set aside, and the respondents were directed to consider the petitioner's candidature from the Ex-servicemen Special Quota Category within four weeks. No order as to costs.

2025:BHC-NAG:2682-DB

WP 881 of 2024.odt

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO.881/2024

Tej Singh Jatan S/o Jaibir Singh ...Versus…

Union of India, Through its Principal Secretary, New Delhi and others

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

Court's or Judge's orders

- - - - ----- ------------ - Mr. P.S. Tiwari, Advocate for petitioner Mr. S.A. Chaudhari, Advocate for respondent No.1

CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ. DATE : 17/03/2025

On 11/03/2025, we had recorded the following

position :-

“The only question involved is, the non - consideration of the candidature of the petitioner in terms of the advertisement by the notice dated 10.8.2022 for the post of Sub-Inspector from the ExServicemen Special Quota Category 3.3.1.1 and 3.3.1.3 (page 25), on account of the fact, that the petitioner had worked with the special forces, which is indicated by the communication dated 31.8.2023 (page 67), by the Deputy Commandant Group Center CRPF, Pune, which states that petitioner, is eligible for the special quota. This is also indicated by the communication dated dated 01.09.2023 (page 68), by the Regional Director of Staff Selection Commission addressed to the under Secretary Staff Section Commission.”

Though Mr. Chaudhari, learned Counsel for the respondent No.1, attempts to oppose the petition, however,

WP 881 of 2024.odt

2

he has not been able to point out any position which would enable us to take a view contrary what has been recorded above.

Since it is now undisputed that the petitioner had worked with the Special Forces, as indicated by the communication dated 31/08/2023 (pg.67), which is not being disputed, the petitioner would be entitled to be considered as a candidate for the post of Sub-Inspector, from the Ex-servicemen Special Quota Category. We, therefore, quash and set aside the communication dated 23/08/2023 (pg.62) and direct the respondents to consider the candidature of the petitioner from the Ex-servicemen Special Quota Category. The same shall be done within a period of four weeks from today.

The writ petition is disposed off. No order as to costs.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

Wadkar