Devinder and Ors. v. Union of India and Ors.

1. This order is in continuation of the order dated 06.2.2018, which states as follows:- "1. The petitioners herein have prayed for issuance of a writ of Mandamus,for directing the respondent No. 4/ Railway Protection Special Force and other respondents to appoint them to the post of Constable in, the Railway Protection Force & the Railway Protection Special Force. W.P.(C) 6306/2017 & connectedmatters Page 2 of[4]

2. Ms.Sahilaa Lamba, learned counselfor thepetitioners submitsthat the respondents had issued an employment Notice No.1/2011 on 23.2.2011, inviting applications from candidates for filling up the subject posts and all the petitioners had appliedfor appointment. On successfully clearing the written test, physical efficiency test, measurement and viva-voce, the petitioners were sentfor their medical examination and were declaredfit in the year 2014. Thereafter, the petitioners kept waiting for their appointment letter and kept on making representations to the respondents/Department, but they did not get any reply, thus compelling them tofile the presentpetitions.

3. Mr.Rajan Sabharwal, learned counselfor the respondents submits that the present petitions are hopelessly barred by delay and latches, as the results of the subject posts were declared as long back as in September, 2014, whereas these petitions have beenfiled after about three years, in July, 2017.

4. Learned counsel for the petitioners responds by stating that the respondents had failed to declare the results in the press or on their M'ebsite for the petitioners to have gathered information of the status of their candidature and therefore, they cannot be blamedfor the delay.

5. As the counter-affidavit is silent on the mode and manner of publication of the results of thesubjectposts, the respondentsare directed to file a brief affidavit only on the aforesaid aspect, along with the supporting documents for our perusal.

6. ' • Needful shall be done within three weeksfrom today, with copies to the other side.

7. List on 03.04.2018."

2. Mr. Rajan Sabharwal, learned counsel for the respondents states that he has filed an affidavit in the lead matter [W.P.(C) 6306/2017] clarifying inter alia that the merit list/results of the candidates, who were recruited against Notification 01/2011 were uploaded on the website www.indianrailwavs.gov.in on 17.9.2014 (page 91). Further, vide letter dated 19.9.2014, the said results were directed to be published in 58 newspapers covering the areas of Northern Eastern Railways, Northern Central Railways, Northern Railways, Northern Western Railways, an extract of the public notice issued in the newspaper, Rashtriya Sahara W.P.(C) 6306/2017 & connected matters Page 3 of[4] published in Gorakhpur dated 20.9.2014 is enclosed with the affidavit,

3. It is further stated in para 6 of the alTidavit that in VV.P.(C) No.7577/2014 entitled Anil Kumar & Ors. vs. Union of India &. Qrs.. a Division Bench had passed an order dated 16.12.2014, directing the respondents to upload the entire results on their website and due compliance ot the said orders were made by the respondents from 15.1.2015 to 28.2.2015.

4. Learned counsel tor the respondents states that in view ot the above, the grievance raised by the petitioners that the results were not declared by the respondents or that they were not apprised thereof, is devoid ofmerits.

5. As the only grievance raised on behalf of the petitioners in these matters and recorded on 06.2.2018, was that the respondents had failed to i; declare the results ofthe subject examination, which is found to be devoid of merits, in view of the affidavit filed by the respondents, we decline any relief to the petitioners.

6. The present petitions are dismissed as meritless. ® HIMA KOHU, J APRIL 27,2018 ap/na ^LLI, J IV.P. (C) 6306/2017 & connected matters Page 4 of[4]