CONSTABLE DHARMENDER S/O SHRI AJIT SINGH Vs. GOVT OF N C T D THROUGH COMMISSIONER OF POLICE

JUDGEMENT

(1.) CHALLENGE is made to communication dated 29.09.2005, notifying result of Preliminary Selection Test of Constables for post of Head Constables (AWO) Grade-III, who qualified in the said test held from 09.07.2005 to 18.07.2005, which did not include applicant's name. A direction is also sought to respondents to consider his candidature for aforesaid post as per provisions of Standing Order No. 223 of 1986 and, if selected, grant him all consequential benefits including seniority, pay & allowances etc.

(2.) Admitted facts are that applicant was appointed as Constable in Delhi Police on 05.06.1997. Respondents initiated selection process for filling up 80 posts of Head Constable by promotion vide order dated 29.03.2005, stating clearly that preliminary selection would be taken and the condition for qualifying the preliminary selection test would be the same as laid down in accordance with Rule 17 of Delhi Police (Appointment & Recruitment) Rules, 1980. He appeared in the written examination vide Roll No. 111192 on 09.07.2005, result of which was declared on 29.09.2005, which did not include his name. Therefore, he submitted a representation on 10.10.2005 to concerned authorities stating that sudden change in criteria in between the selection process and that too without prior notice, caused him great prejudice. The said representation was rejected by passing a non-speaking and bald order dated 11.11.2005, conveying that:

(3.) RESPONDENTS resisted applicant's plea by filing a detailed reply. Pursuant to HQ directions dated 04.04.2005, inviting applications for filling up vacancies of 171 HC (AWO), 965 applications were received and after checking eligibility/service particulars, 904 candidates were found eligible for appearing in the test. A Trade Test Selection Board was nominated to conduct the selection test of candidates. Accordingly, a written test and dictation in Hindi/English as well as reading tests were held from 09.07.2005 to 18.07.2005. 584 Constables appeared in written test of General Science & dictation in English and Hindi. Result of 225 qualified Constables was circulated vide Memorandum dated 29.09.2005. Applicant failed in the preliminary selection test and as such was not called for to join training. His application for rejecting/re-assessment was re-checking vide communication dated 11.11.2005 after due consideration. There was no change in the selection criteria as alleged by applicant. The criteria prescribed vide Standing Order No. 223/1986 is very clear and it requires securing 33% and above marks "in each paper in the Preliminary Selection Test". It was mandatory to secure 33% marks in each paper separately.