PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:

Heard learned counsel for the petitioners and learned counsel for the Union of India.

2. The present writ petition has been filed for the following reliefs:-

(i) That, this application is being filed for issuance of a writ in the nature of certiorari or any other appropriate writ or writs for quashing the order dated 04.01.2017 and 13.01.2017 respectively contained in letter no.64, 62, 124, 66, 69, 197, 206, 86, 198, 58, 87, 73, 466 and 463 vide which the respondent no.4 has communicated for cancellation of recruitment process for the post of Constable (Trade men) in Border Security Force 2016 against which the petitioners applied and participated in different test.

(ii)Further for issuance of a writ in the nature of mandamus or any other appropriate writ or writs directing the respondents for taking step to conclude the recruitment process in accordance with law for the post of Constable (Trade men) in Border Security Force for which the petitioners have applied under vacancy for Constable (Trade men) in Border Security Force, 2016.

(iii)For passing such other order or orders for which the petitioners will be found entitled in the eye of law.

3. Learned counsel for the petitioners submits that 561 vacancies were published on the website, inviting suitable candidates for recruitment, with the last date for application being 20.04.2016, for various posts in the Border Security Force. He further submits that the petitioners participated in the said selection process and was issued an admit card. Counsel further submits that in the recruitment process, the petitioners was selected for their respective post after successfully clearing the written test and physical test, and also appeared for the medical test. Counsel further submits that the petitioners were waiting for the publication of the final result and the issuance of the call letter for recruitment, however, all of a sudden, the concerned authority issued letters dated 04.01.2017 and 13.01.2017, as contained in Annexure-1, informing that the entire recruitment process had been cancelled due to the discovery of certain illegalities in the process. Therefore, the petitioners moved before this Hon'ble Court.

4. Counsel further submits that the said recruitment process has been challenged before the Hon'ble High Court of Gujarat at Ahmedabad in R/Special Civil Application No. 1895 of 2017 (Pal Vikram Rameshbhai & 2 other(s) v. Chairman - Recruitment Board & 2 other(s)), as well as before the Hon'ble Gauhati High Court in WP(C) No. 1322 of 2017 (Mridul Ray and Others v. The Union of India & Others). Counsel further submits that, in light of the decisions rendered by the Hon'ble High Courts, the present application may be disposed of. Counsel also submits that the same relief may be granted to the petitioners as was granted to the petitioners in those writ petitions.

5. Learned counsel for the Union of India submits that a counter affidavit has been filed by the Deputy Inspector General/PSO, Border Security Force, wherein a specific stand has been taken that information regarding malpractice/irregularities came to the notice of HQ DG BSF. Thereafter, the role of all the Recruitment Agencies was scrutinized, and upon such scrutiny, all the Recruitment Agencies were directed by the competent authority to terminate the entire recruitment process with immediate effect due to the said malpractice/irregularities. The Recruitment Agencies were also directed to stop further action in the recruitment process for the post of Constable (Tradesmen) and to issue letters to the candidates who were found eligible in the Detailed Medical Examination. It has been further intimated that all the candidates, including the petitioners, were informed by Frontier HQ BSF, North Bengal, about the termination of the entire recruitment process for 561 posts due to the irregularities/malpractice found therein.

6. In light of the submissions made above, it transpires to this Court that the Border Security Force at whose instance the recruitment process was initiated itself conducted an inquiry and found that malpractice/irregularities had been committed in the selection process. It is solely for this reason, the recruitment process was "terminated simplicitor", without any specific allegation being made against anyone, particularly against the candidates.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMzk5NyMyMDE3IzEjTg==-v0WyA4ZUN9M=

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