- (1.) Heard Sri Anand Mani Tripathi, learned counsel for the petitioner and Sri Alok Kumar Tripathi, learned counsel for the respondents No.2 and 3.
(2.) Facts of the present case, in brief, are to the effect that Union Public Service Commission issued an advertisement dated 16.07.2016 for appointment as Officer in the Combined Defence Services Examination (II), 2016. Petitioner submitted his candidature and subsequently appeared in the said examination.
(3.) As per the case of the petitioner, he was successful in the written examination, qualified for interview and recommended to join Indian Naval Academy. Thereafter, on 29.05.2017, a show cause notice was issued to the petitioner by the Deputy Secretary, Union Public Service Commission, which reads as under: "1.With reference to your candidature bearing Online application RID No.11634140307 (Roll No.0022596) for Combined Defence Services Examination (II), 2016, held on 23.10.2016, I am directed to state that as per the report received from Ministry of Defence vide there letter dated 24.05.2017 you have declared yourself as a "Fresher" instead of "Repeater" during the SSB at Bhopal in respect of CDSE (II), 2016. 2.The matter has been examined and your act has been found to be in violation of Rule 5(v) of CDS examination mentioned in the examination notice no.11/2016. CDS-II, dated 16.07.2016 available on the UPSC website www upsc.gov.in. 3.You are, therefore, required to show cause as to why action should not be taken against you for the said violation. 4.Your reply to this letter must reach the Union Public Service Commission (to be addressed to the undersigned by name) within 15 days from the date of issue of this letter failing which the Commission shall proceed further in the matter as it deem fit without any further reference being made to you.";