VIJAY NATH YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the orders dated 1.3.2012 & 23.3.2012, whereby his candidature for the post of Sub-Inspector in BSF was cancelled and was discharged from service on the ground that he was overage for the said post as on the cut off date of 04.07.2008.

(2.) The facts of the case are that the petitioner was a Constable in the Central Industrial Security Force (CISF). He joined the Special Protection Group (Cabinet Secretariat) as an SA on deputation from 17.4.2006 and was also extended the benefits of ACP w.e.f. 26.3.2008. While on deputation, he took the examination for the post of Sub-Inspector in Central Police Organizations (CPOs), 2008, conducted by the Staff Selection Commission (SSC). He was given an offer of appointment to the BSF in April, 2010 and was required to report to the BSF Academy, Tekanpur, Gwalior, M.P. on 24.5.2010 for undergoing the basic training. However, subsequently it was discovered that he was overage for the said post. As per Rules, the age of entry to the post of Sub-Inspectors in the BSF for persons serving in Central Police Organisations is 20-25 years, which is relaxed by 5 years for Central Govt. employees and by another three years for persons belonging to the OBC category. Therefore, the maximum age for a person of the OBC category was 33 years whereas the petitioner an OBC candidate was 35 years, 11 months 14 days old as on the cut off date of 4.7.2008. Accordingly, his candidature was rejected.

(3.) The petitioner argues that the age of relaxation for CPOs is 43 years.