Mr.N.L.Bareja & Ms.Tinu Bajwa, Advocates. v. UNION OF INDIA & ORS .....

1. Writ petitions above captioned, filed from time to time, have improved upon the averments made at each stage.

2. In the first set of writ petitions filed, it was simply pleaded that of the 230 posts of Sub Inspectors not all have been filled up and thus it was prayed that mandamus be issued to fill up all 230 notified posts of Sub Inspectors from amongst the un reserved ca nd idates.

3. In the next batch of writ petitions which were filed, an addltional plea was taken that OBC, SC and ST candidates who took the benefit of age relaxation on the strength of they being OBC, SC or ST, could not be adjusted against unreserved posts o/o a WP(C) Nos.5450, 5a[7] 5, 5882, 476L, 6357, 6358, 5359 & 637 0I aOLL { and thus a mandamus was sought tO remove from the list the name of such candidates.

4. In the 3'd set of writ petitions filed, a two pronged attack has been made. Apart from afore-noted two points, it is additional pleaded that the post being a promotional post, no quota for OBC could be prescribed.

5. Relevant facts are that CRPF initiated the process to fill up 453 posts of Sub lnspectors through a Limited Departmental Competitive Examination. lt did so for the reason; as per the notified Recruitment Rules, for the post of Sub Inspectors, appointments have to be made 33.33% by direct recruits; 17o/o through Limited Departmental Competitive Examination and; the remaining by promotion from amongst the eligible candidates in the feeder cadre.

6. Now, the source of recruitment through Limited Departmental Competitive Examination with respect to it being either a promotion or a direct recruitment has arisen for consideration and we note that in the past, whenever those persons who were inducted on the basis of a Limited Departmental Competitive Examination sought benefit of Modified Assured Career Promotion (MACP) Scheme, a uniform stand taken by all Para-Military Forces was that these persons had earned a promotion on the strength of a Limited Departmental Competitive Examination and on said stand the claim of the persons that their clearing the Limited Departmental Competitive Examination was resulting in a direct recruitment to the post in question was negated.

7. In the instant case it appears that the CRPF has not adverted itself to the various legal issues which arise for consideration. lt has not applied itself to the question whether wP(C) Nos.5460, 5 875,5882,416r,$57, 5358, 5359 & 637Ol2OLl a (" filting up of vacancies of Sub lnspectors from amongst the eligible force personnel on the strength of a Limited Departmental Competitive Examination would be case of promotion or a direct recruitment. For if it is a case of promotion, CRPF has to consider whether law recognizes reservation for OBC in matters of promotion.

9. The final list of 229 unreserved candidates has the names of OBC as well as SC and ST candidates, in respect of whom, w€ note that said position has been assigned to them on the basis of merit position i.e. marks obtained by them. Only 80 OBC, 50 SC and 25 ST candidates have been selected. Meaning thereby, 40 OBC, 19 SC and 9 ST posts remained unfilled.

10. General category candidates have a grievance for the reason many of them have lost out on account of OBC, SC and <'j ST candidates being appointed on the basis of marks obtained and in the unreserved.category.

11. Now, if the recruitment is by way of promotion it would be apparent that there could be no reservation for OBC candidates and thus the L20 posts earmarked for OBC candidates would have to be treated as in the unreserved category and all candidates could compete for not 230 but even the said L20 posts. Further, assuming the posts were to be treated as direct recruitment, undisputably a higher age limit was prescribed for OBC, SC and ST candidates while laying down eligibility and it has to be seen that such OBC, SC and ST candidates who wP(C) Nos.5460, 5a[7] 5, 5882, 4I6t, 6357. 6358, 6359 & 637 0I 2OL[7],i availed the benefit of age relaxation did not fill up a General Category post for the reason as General Category candidates they would be age barred. L[2]. In view of the fact that the persons affected have not been impleaded as respondents and certain legal issues which need to be settled have not been even considered by the Department, rather than charter the tedious route of impleading the affected persons as a party and then deciding the writ petitions; highlighting that in view of the past stand taken by the Central Para. Military Forces pertaining to appointments on the strength of Limited Departmental Competitive Examination, which may probably entail interim orders to be passed, thereby affecting the ongoing selection process, it would be advisable to let the Department reconsider the matter after hearing the grievances of the unreserved candidates as also those who are members of a OBC, SC or ST; requiring the writ petitions to be disposed of issuing the following directions:i) After notifying the OBC, SC and ST candidates, who have 6L"n adjusted against unreserved vacancies and the petitioners, such persons be heard on the first question: Whether at all the appointment of Sub Inspectors on the basis of a Limited Departmental Competitive Examination is a direct recruitment? Or it is a promotion? While so doing, it would be kept in view that the Central Paramilitary Forces have been taking a stand with respect to a MACP benefit that such appointment is by way of promotion and not a direct appointment; ii) lf the decision taken is that it is a case of promotion, the second question to be decided would be: Whether for a promotional post reservation can be effected for OBC WP(Cl Nos.5460, 5875,5882,416I,6357, 5358, 6359 & 6370lzoL]. K candidates? We clarify that law is clear. SC and ST. candidut"t can have the benefit of reservations in promotions. iii) lf it is held that the mode of Limited Departmental Competitive Examination is a promotion, another question would be decided: Whether those who took the benefit of reservation at the time of entry in the force can avail the benefit of reservation for a second time? iv) lf the answer would be that there could not be a.- reservation for OBC candidates, the effect of reserving 120 posts as reserved for OBC candidates would be taken and it would be decided whether the unreserved posts could be treated as 230 + 120.

13. The exercise would be completed after issuing a circular and notifying the same as per procedure prescribed so that the affected candidates would know that the Department has to reconsider the matter and have an opportunity to put forth their views.

14. Neeolul would be done within a period of 8 weeks from today and needless to state till decision is taken the impugned lists would not be given effect to.

15. Dasti under the signatures of the Court Master. --*rY PRADEEP NANDRAJOG, J. SEPTEMBER 01, 201]. Pkb wP(Cl Nos.5460, 5 87 5, s882, 416I, 6357, 63s[8], 53s[9] & 637 U Z0r[7] NtL GAUR, J. PageT of[7]