KM Seema and Ors. v. Union of India and Ors.

Delhi High Court · 26 May 2023 · 2023:DHC:3826-DB
Suresh Kumar Kait; Neena Bansal Krishna
W.P.(C) 7467/2023
2023:DHC:3826-DB
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition challenging the conduct of the 100 meter run on an alleged improper track during CISF recruitment, holding that physical tests reflecting service conditions are valid and uniform application of such tests does not warrant interference.

Full Text
Translation output
W.P.(C) 7467/2023
HIGH COURT OF DELHI
Date of Decision: 26th May, 2023
W.P.(C) 7467/2023 & CM APPL. 29026/2023 (for stay)
KM SEEMA AND ORS .... Petitioners
Through: Mr. Rajat Arora and Mr. Niraj Kumar, Advocates
VERSUS
UNION OF INDIA AND ORS .... Respondents
Through: Ms. Shubhra Parashar, Senior Panel Counsel with Mr. Mimansak Bhardwaj, GP, Mr. Ravindra Vikram, Mr. Sahil Kapoor, Mr. Virendra Pratap Singh Charak, Mr. Harjot Singh and with Inspector Sanjay
Kumar and SI Prahlad Devenda, CISF
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
JUDGMENT
(oral)

1. Vide this petition, petitioners are seeking directions to the respondents for re-conducting the 100 meter run on an appropriate running track and to allow petitioners to participate in Recruitment Process.

2. Case of petitioners is that petitioners applied for the recruitment of Assistant sub inspector (executive) through LDCE for the year 2021 vide Advertisement No. E-32017/ ASI/E (LDCE)- 2021/RECTT/3815 issued by the Directorate General (Central Industrial Security Force) Ministry of Home Affairs on 27.12.2021. After qualifying written examination, petitioners were called for PET/PST/ Documentation on 09.05.2023. 18:26 W.P.(C) 7467/2023

3. On the scheduled day of PET/PST/Documentation, out of 34 female candidates, 32 candidates had qualified the 800 meter running which was conducted on the road under the premises of the CISF SSG Greater Noida and after qualifying 800 meter running, all the 32 candidates were called for 100 meter running which was conducted on a separate track made in the ground situated at CISF SSG UNIT, Greater Noida. The said track was not proper and was full of pebble stones, therefore, out of 32 candidates only 6 finished race in stipulated time, i.e. 18 seconds.

4. Learned counsel for petitioners submits that respondents may be directed to look into the matter keeping in view the fact that maximum candidates had failed to finish the said run within the stipulated time.

5. It is not in dispute that after joining the Force, a candidate has to run on harder tracks and they ought to perform under difficult conditions throughout the service. Therefore, if the petitioners could not complete the 100 meter running in stipulated time, how will they face hardships in the tenure of service which is pre-condition of the same. Whereas other candidates have qualified on the same track.

6. Accordingly, finding no ground in the present petition, it is dismissed.

7. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE (NEENA BANSAL KRISHNA)

JUDGE MAY 26, 2023 18:26