PRADEEP KUMAR SINGH BAGHEL, J. - (1.) THE petitioner was a candidate for appointment of Constable in Para Military Force. The second respondent issued an advertisement dated 5.2.2011 calling application for appointment of Constables against 720309 posts. The petitioner made an application in response to the said advertisement. He cleared the Physical Standards Test,(PST) Physical Endurance Test (PET). He was also successful in the written examination and the medical examination.
(2.) THE petitioner claims that he had secured 54 marks out of 100 but his result was not declared. In this regard when petitioner made an enquiry it was revealed that several candidates who have secured lesser marks have been selected. The petitioner claims that he belongs to Scheduled Tribe -02 category. From the record it transpires that candidates were required to indicate their preference/option in respect of Central Police Organizations (CPO) and it was also provided that once the option is exercised it will be final. The second respondent gave the Code to the CPOs, as under : - Code - Organization A - BSF B - CISF C - CRPF D - SSB
(3.) IT appears that persons who left the Column Blank and who did not give preference to their Organization they were placed only in the reserved list. A large number of similarly placed candidates who were placed under the reserved list on account of the fact that they could not give preference for the CPOs preferred writ petition before this Court being Writ Petition No. 3283 of 2012 (Bindhyachal Kumar Singh v. Union of India and others). The said writ petition was allowed with the following directions: - "23. The view ,I am taking above, would obviously vitiate the process of preparation of final result by the respondents in its entirety, but since recruitment in question pertains to thousand of candidates and against 49 thousand and odd vacancies, 44 thousand and odd have been declared successful as long back as in 2011, leaving sufficient number of vacancies unfilled, therefore, I am confining relief in this case to the present petitioner only and direct respondents to treat petitioner's preference/option in respect to CPOs in order of A,B,C, D for the purpose of selection list and thereby consider whether amongst the general category candidates, and the post(s) for which petitioner has applied, he is entitled to be declared successful. If a person securing lesser marks to him has been declared successful and included in select list, petitioner shall also be declared successful and further steps for his appointment/sending for training, as the case may be, shall be completed within two months from the date of production of a certified copy of this judgment. 24. It is also made clear that in case petitioner is appointed, his appointment shall relate back to the date on which person next lower to him in merit was appointed, with all consequential benefits for the purpose of pay fixation, seniority, increment etc. except of actual arrears of salary, which shall be paid to petitioner from the date he is actually appointed.";