JYOTI KUMAR Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) Heard learned Senior Counsel appearing on behalf of the petitioner and learned Senior Central Government Counsel Mr. Mithilesh Kumar Rai, duly assisted by Mr. Kumar Priya Ranjan, learned Central Government Counsel appearing on behalf of the respondents 1 to 4. Unfortunately, despite issuance of notice to the private respondent no. 5 by an order dated 15.10.2008 and despite valid service of notice upon him, he has chosen not to appear and contest this matter.

(2.) The petitioner has approached this Court under Article 226 of the Constitution of India with a prayer for issuance of a direction upon respondents 1 to 4 for consideration of his case for his appointment on the post of Constable (Fire) of Central Industrial Security Force (in short 'CISF'). For deciding the issues involved in this case, brief facts are required to be noticed.

(3.) On 19.8.2005, an advertisement was issued in Rozgar Career India, inviting applications from eligible male Indian citizens for appointment on the post of Constable (GD) and Constable (Fire) in the prescribed pay scale for CISF only. Appointments on the post of constables were required to be made for different States including the State of Bihar mentioned in the said advertisement dated 19.8.2005, brought on record as Annexure-1 to the writ petition. Apart from general vacancies for the post of Constable (GD) and Constable (Fire), certain additional posts were also notified by the said advertisement, which were required to be filled up by the persons belonging to Naxal/Militancy affected areas, as shown against each State as per the Government instructions. For the State of Bihar, apart from 100 posts of Constable (GD), only two posts of Constable- (Fire) were notified, which were required to be filled up from-the persons belonging to Naxal/Militancy affected areas: Out of those two posts one post was earmarked for general category candidate and other post was reserved for Scheduled Caste category candidate. The candidates belonging to the District of Aurangabad, Gaya, Jehanabad, Rohtas, Nalanda, Patna, Bhojpur and Kaimur only were shown to be eligible to apply for this category of posts of Constable being the Naxal/Militancy affected Districts in the State of Bihar. District of Arwal was not shown as the Naxal/Militancy affected District. As per the advertisement, last date for submission of applications was 31.8.2005. The petitioner, a resident of District of Aurangabad, claims to have applied with all required documents for solitary post of Constable (Fire) belonging to General Category and earmarked for the candidates belonging to Naxal/Militancy affected areas. The respondent no. 5 belongs to the District of Arwal.