By a Notification dated 03/12/2011, Staff Selection Commission invited applications for recruitment of Constables (GD) in Central Armed Police Forces (CAPFs) such as ITBP, BSF, CISF, CRPF and SSB and of Rifleman (GD) in Assam Rifles.
My Lord, Candidates who have indicated preference to a Particular Service can be kept out of consideration for appointment to Other Services, even when these Candidates have secured more marks than Selected Candidates in those Other Services?
Staff Selection Commission confined consideration of Candidates who indicated preference only to One Service, to That Service only. Respondents, who indicated preference only to One Service, have become wiser after.
High Court clearly, erroneously overlooked Column No. 16 under Paragraph 4 of Annexure-II to Notification, dated 03/12/2011: “Candidates should carefully indicate preference… Option once exercised will be final and no change will be allowed under any circumstances.“
Paragraph 5 of Union of India v. M.V.V.S Murthy, AIR 1989 SC 711 clinches the issue: “If ranking alone is to be the test, preferences would have no meaning.”
– Hon’ble Justice V. Ramasubramanian, Union of India v. Probir Ghosh, [Civil Appeal No. 4585 of 2018].
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