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DB dismisses petition seeking recruitment in Central Security Forces
3/8/2015 12:29:41 AM
Early Times Report

Jammu, Mar 7: In a LPA filed by Rajesh Kumar challenging the order of the Single Judge wherein the Single Judge dismissed the writ petition filed by the appellant praying for a writ of mandamus directing the respondents to select/recruit and enroll the appellant as Constable (General Duty) in any one of ITBPF, BSF, CISF, CRPF, SSB and Rifleman (GD) in Assam Rifles with effect from September 31, 2011 with all consequential benefits.
A Division Bench (DB) of State High Court comprising Chief Justice N Paul Vasantha Kumar and Justice Dhiraj Singh Thakur after hearing Adv Navneet Dubey for the appellant whereas CGSC Ravinder Gupta for the Union of India observed that Apex Court already held that selection procedure stipulated in the advertisement notice must be scrupulously followed and the Courts have no power to relax the conditions with regard to submission of certificate. Court observed that 'relaxation' of any condition mentioned in the advertisement without due publication would be contrary to the mandate of equality enshrined in Article 14 and 16 of the Constitution of India.
In the said case the High Court directed that the condition with regard to the submission of the disability certificate either along with the application form or before appearing in the preliminary examination could be relaxed. The said direction was found to be contrary to the advertisement and selection norms and, therefore, the Supreme Court set aside the said direction issued by the High Court. With these observations Division Bench upheld the order of Single Judge and dismissed the LPA. (JNF)
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