SH ANUJ KUMAR Vs. UNION PUBLIC SERVICE COMMISSION THROUGH SECRETARY UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) SKELETAL picture of the applicant�s case, as pleaded in the application, is as follows:

(2.) The applicant has appeared in the Written Test for the post of Assistant Commandant of Central Police Force (Assistant Commandants) Examination conducted in 2003 by Union Public Service Commission (for short `UPSC�). It appears that he was declared successful in the Written Test, Physical Efficiency Test and Interview. The result of test was declared by the UPSC on 07.05.2004. It is stated that the applicant had successfully come out in the interview as well as in the physical and medical standard test and physical efficiency test held in June and July, 2004 by the BSF Authorities. The first merit list was published on 16-22/10/2004 by the respondents, which was followed by second list, in which name of the applicant was strangely expunged. The applicant�s claim is that in the first list his name was mentioned to have qualified in the interview and personal test but to his utter dismay, his name was omitted in the second list. In the second list, the names of 37 new candidates have been added by excluding the names of 37 candidates who were earlier recommended. Since this action of the respondents was illegal, arbitrary and mala-fide, therefore, it is liable to be quashed.

(3.) THE respondents have filed their reply, in which, most of the allegations have been admitted. THEy have stated that as per the medical report received by the Commission and even in the re-medical test/review medical report, it was found that the applicant was unfit for appointment and hence, his name was finally deleted.