WP(C) Nos. 26189/2020 & connected cases (Judgment in High Court of Kerala, Ernakulam)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943** ## **WP(C) NO. 26189 OF 2020** ## **PETITIONERS:** 1 NEETHULEKSHMI S. AGED 22 YEARS D/O. SURESH BABU.S, LEKSHMI BHAVAN, AIRAKKUZHY P.O. CHITHARA, KOLLAM 691 559. 2 PRINCY.P., AGED 27 YEARS D/O. PRASANNAN, KADIKKONAM PADIPPURA VEEDU, VAMANAPURAM P.O. THIRUVANANTHAPURAM 695 606. 3 AMRITHA ANIL, AGED 23 YEARS D/O. ANIL KUMAR, MANNOOR PADEETTATHIL, EDAKULANGARA POST, THODIYOOR VILLAGE, KOLLAM 690 523. BY ADVS. G.KRISHNAKUMAR SRI.K.A.ANI JOSEPH ## **RESPONDENTS:** 1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI 110 001. 2 SECRETARY TO GOVERNMENT, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE AND PENSION, DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI 110 001. 3 STAFF SELECTION COMMISSION, REPRESENTED BY ITS SECRETARY, BLOCK NO. 12, C.G.O. COMPLEX, LODHI ROAD NEW DELHI 110 003. 4 REGIONAL DIRECTOR, KKR, STAFF ELECTION COMMISSION, 1ST FLOOR, E WING, KENDRIYA SADA, KORAMANGALA. BANGALURU, KARNATAKA 560034. W.P.(C)No.26189/2020 & connected cases 2 5 CENTRAL RESERVE POLICE FORCE, CRPF RECRUITMENT BRANCH, EAST BLOCK 07, LEVEL 4 SECTOR 1, R.K. PURM, NEW DELHI 110066, REPRESENTED BY ITS DIRECTOR. 6 D I G. RECRUITMENT, CRPF RECRUITMENT BRANCH , EAST BLOCK 07 LEVEL 4 SECTOR 1, R.K. PURAM, NEW DELHI 110066, REPRESEND BY ITS DIRECTOR. 7 COMMANDANT / PRESIDING OFFICER, DV/DME/PHASE CT/GD MALE/FEMAL RECRUITMENT 2018, PALLIPURAM CENTE, THIRUVANANTHAPURAM 695 316. 8 DEPUTY INSPECTOR GENERAL OF POLICE, G.C.C.R.P.F. PALIPPURAM, PALLIPURAM CENTRE, THIRUVANANTHAPURAM 695 316. 9 C.R.P.F. REVIEW MEDICAL EXAMINATION BAORD, C.R.P.F. PALIPPURAM, PALLIPURAM CENTRE, THIRUVANANTHAPURAM 695 316, REPRESEND BY ITS DIRECTOR. 10 CAPF REVIEW MEDICAL EXAMINATION BOARD, COMPOSITE HOSPITAL, GROUP CENTRE CAMPUS, CRPF, CHANDRAYANGUTTA, KESHOGIRI POST, HYDERBAD 500 005, REPRESENTED BY ITS DIRECTOR. BY ADVS. SRI.P.VIJAYAKUMAR S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).16949/2021, 21139/2021 AND CONNECTED CASES, THE COURT ON 9/12/2021 DELIVERED THE FOLLOWING: W.P.(C)No.26189/2020 & connected cases 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943** **WP(C) NO. 16949 OF 2021** ## **PETITIONERS:** 1 PARVATHY S. SHAJI AGED 22 YEARS D/O. SHYLA, ROLL NO.9211016222, CHITHIRA, KIZHAVOOR, MUKHATHALA P. O., KOLLAM - 691577. 2 AKHIL M. AGED 25 YEARS S/O. MADHAVANKUTTY, ROLL NO.9211015233, ANOOP BHAVANAM, SRPM P. O., THAZHAVA, KOLLAM - 690523. 3 SWATHY S. AGED 24 YEARS D/O. SAJEEV B., ROLL NO.9211019423, THOTTUVAVEEDU, KANNIMEEL CHERRY, KAVANAD P. O., KOLLAM - 691003. 4 ATHIRA SUNILKUMAR AGED 24 YEARS D/O. SUNILKUMAR, ROLL NO.9204010362, VILAYIL HOUSE, ERATTAYAR, ERATTAYAR P. O., IDUKKI - 685514. 5 DIANA JOSEPH AGED 22 YEARS D/O. JOSEPH MATHAI, ROLL NO.9211021986, THURUTHI MEPPARATHU VEEDU, KALLAYAM P. O., THIRUVANANTHAPURAM - 695043. 6 AKHIL V. AGED 24 YEARS S/O. VIYAYAN, ROLL NO.9206019355, CHANGAYIL, THEKKATHIL THEKKEMURI, VALLIKUNNAM P. O., ALAPPUZHA - 690501. 7 MAHESH BALAKRISHNAN AGED 24 YEARS S/O. BALAKRISHNAN K., ROLL NO.9212002741, USHUS, KALLAMPARAMBU, PAZHYANNUR P. O., THRISSUR - 680587. 8 ADITHYA K. W.P.(C)No.26189/2020 & connected cases 4 AGED 26 YEARS D/O. PUSHPA, ROLL NO.9206021166, ASHITHAM HOUSE, PALABAZAR, PATHAYAKUNNU P. O., KANNUR-670691. 9 MINNU M. AGED 22 YEARS D/O. MANJU R., ROLL NO.9211017917, THADATHARIKATHUVEEDU, KUTTIMOODU, VELLUMANNADY P. O., VENJARAMOODU, TRIVANDRUM - 695607. 10 ABHISHEK DAS S. AGED 25 YEARS S/O. SIVADAS KURUP, ROLL NO.9211013796, CHITTAKKATTU THEKKATHIL, SOUTH MYNNAGAPALLY, MYNNAGAPALLY P. O., KOLLAM - 690519. 11 ANANDHU RAJEEV AGED 24 YEARS S/O. RAJEEV, ROLL NO.9211005307, LAKSHAM VEEDU, PATHADY, BHARATHIPURAM P. O., KOLLAM - 691312. 12 SACHIN S. AGED 22 YEARS S/O SURESH KUMAR G., ROLL NO.9211007542, THIRUVONAM KULATHINKALAVEEDU, VELLANADU P. O., THIRUVANANTHAPURAM - 695543. 13 VISHNU N. S. AGED 23 YEARS S/O. SAJEEVAN N. K., ROLL NO.9212004004, NADUVATHARA HOUSE, KUNDUKUZHIPADAM, KUTTICHIRA P. O., THRISSUR - 680724. 14 SREEPATH A. S. AGED 22 YEARS S/O. SUBRAMANIAN A. A., ROLL NO.9212007021, ACHI HOUSE, ENGANDIYUR P. O., THRISSUR - 680615. 15 SAJITH MOHAN AGED 25 YEARS S/O. MOHANAN M., ROLL NO.9206015063, UDAYANAGAR, PULLUR, HARIPURAM P. O., KASARGOD - 671 531. 16 AKHIL MOHAN AGED 26 YEARS S/O. MOHAN PILLAI T., ROLL NO.9211017147, GEETHABHAVANAM, CHERIYELA, ALUMODU P. O., KOLLAM - 691577. W.P.(C)No.26189/2020 & connected cases 5 17 GOKUL R. AGED 24 YEARS S/O. RAJAN, ROLL NO.9204004255, NELLIKKATTUPARAMBU HOUSE, NSS COLLEGE POST, NEMMARA, PALAKKAD - 678508. 18 SREERAJ R. AGED 24 YEARS S/O. RAJASEKHARAN K., ROLL NO.9211013303, SREEHARIKOCHUKIZHKKATHIL, VIVEKANANDHA NAGAR 63, KUREEPUZHA, KAVANADU P. O., KOLLAM - 691503. 19 LEKSHMI RAJESH AGED 21 YEARS D/O. RAJESH S., ROLL NO.9204007808, KATTUNGALCHIRA, ALLISSERY WARD, ALAPPUZHA - 688001. 20 MANOJ M. AGED 26 YEARS S/O. MURALEDHARAN K., ROLL NO.9211007242, ELANJICKAL, KARUMADY P. O., AMBALAPPUZHA - 688561. 21 UMITHA KRISHNAN AGED 22 YEARS D/O. UNNIKRISHNAN, ROLL NO.9211019482, PERILATHU, PRAYAR SOUTH, ALIMPEEDIKA P. O., OACHIRA, KOLLAM - 690547. 22 SUBIN S. DEVAN AGED 21 YEARS S/O. SISUDEVAN, ROLL NO.9211000150, KARUMPPALIL, THEKKATHIL, PADA-SOUTH, KARUNAGAPPALLY - 690518. 23 KIRAN N. K. AGED 25 YEARS S/O. NEELAMBHARAN NAIR, ROLL NO.9211006575, KARTHIKABHAVAN, KEEZHATHOTTAM, PRASSALA P. O., THIRUVANANTHAPURAM - 695502. 24 VISHANTH E. A. AGED 24 YEARS S/O. ANANTHAKRISHNAN, ROLL NO.9212007676, ERUMBENIPARAMBU HOUSE, MYLAMPULLY, NAMBULLIPURA, MUNDUR, PALAKKAD - 678592. 25 AKSHITHA V. P. AGED 22 YEARS D/O. RAVEENDRAN A. C., ROLL NO.9206000088, ELATH HOUSE, EAST VALLIYAYI, MUTHIYANGA P. O., PATHAYAKKUNNU W.P.(C)No.26189/2020 & connected cases 6 (VIA), KANNUR - 670691. 26 ABHIJITH A. AGED 24 YEARS S/O. AJAYAKUMAR B. S., ROLL NO.9211016687, VALSALA SADHANAM, CHIPPANCHIRA, KARIMANCODE P. O., PALODE, THIRUVANANTHAPURAM - 695562. BY ADVS. R.SANJITH C.S.SINDHU KRISHNAH ## **RESPONDENT/S:** 1 THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI - 110 001. 2 THE MINISTRY OF HOME AFFAIRS REPRESENTED BY ITS SECRETARY, NORTH BLOCK, NEW DELHI - 110001. 3 STAFF SELECTION COMMISSION REPRESENTED BY ITS REGIONAL DIRECTOR (KERALA - KARNATAKA REGION), 1ST FLOOR, E WING, KENDRIYA SADAN, KORAMANGALA, BENGALURU, KARNATAKA - 560034. 4 ASSAM RIFLES REPRESENTED BY DEPUTY COMMANDANT, DIRECTORATE GENERAL, ASSAM RIFLES, SHILLONG - 793010. 5 REVIEW MEDICAL BOARD REPRESENTED BY ITS PRESIDING OFFICER, CONSTABLES (GD) EXAMINATION, 2018, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM - 695 316. 6 DIRECTORATE GENERAL CRPF (RECRUITMENT BRANCH), EAST BLOCK - 07, LEVEL-4, SECTOR - 01, R. K. PURAM, NEW DELHI - 110066. BY ADVS. SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.JAGADEESH LAKSHMAN, CGC W.P.(C)No.26189/2020 & connected cases 7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).26189/2020 AND CONNECTED CASES, THE COURT ON 9/12/2021 DELIVERED THE FOLLOWING: W.P.(C)No.26189/2020 & connected cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943** **WP(C) NO. 21139 OF 2021** ## **PETITIONERS:** 1 VYSAKH S. KUMAR AGED 26 YEARS S/O. SATHEESH KUMAR P, RESIDING AT SATHEESH BHAVAN, TATTUPALAM, NAVIKULAM P.O, TRIVANDRUM, KERALA - 695603, 2 ABHIJITH AJAYAN, AGED 27 YEARS S/O. AJAYA KUMAR V.R, RESIDING AT VYPINCHERIL HOUSE, NANTHIATTUKUNNAM P.O, NORTH PARAVUR, ERNAKULAM, KERALA - 683513. 3 JILU JOSE AGED 24 YEARS S/O. JOSE P.P, RESIDING AT PANANGATTUPARAMBIL HOUSE, EDAKOCHI, KUMBALAM FERRY, COCHIN, ERNAKULAM, KERALA - 682010. BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY ## **RESPONDENTS:** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE & PENSION, DEPARTMENT OF PERSONNEL & TRAINING, NORTH BLOCK, NEW DELHI - 110001. 2 MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY, NORTH BLOCK, NEW DELHI - 110001. 3 STAFF SELECTION COMMISSION REPRESENTED BY ITS REGIONAL DIRECTOR (KKR), 1ST FLOOR, 'E' WING , KENDRIYA SADAN, KORAMANGALA, BENGALURU, W.P.(C)No.26189/2020 & connected cases 9 KARNATAKA - 560034. 4 REVIEW MEDICAL BOARD, REPRESENTED BY ITS PRESIDING OFFICER, CONSTABLES (GD), EXAMINATION, 2018, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM - 695316. 5 CHIEF MEDICAL OFFICER, REVIEW MEDICAL BOARD, CONSTABLE (GD), EXAMINATION, 2018, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM - 695316. BY ADV SRI.JAISHANKAR V.NAIR, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).26189/2020 AND CONNECTED CASES, THE COURT ON 9/12/2021 DELIVERED THE FOLLOWING: W.P.(C)No.26189/2020 & connected cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943** **WP(C) NO. 23366 OF 2021** **PETITIONERS:** 1 VISHNU P.O. AGED 23 YEARS S/O. OMANAKUTTAN, RESIDING AT PERUMPADAVATHIL, KENICHIRA P.O, WAYANAD, KERALA - 673596., ROLL NO. 9206014523. 2 SUHAIL A.H. AGED 26 YEARS S/O. HUSSAIN, RESIDING AT MANIKOTHU, PILAKKAVU P.O, MANANTHAVADY, WAYANAD, KERALA - 670645. ROLL NO. 9206011490. 3 ANANTHAKRISHNAN K. AGED 22 YEARS S/O. KUMAR RAJ, RESIDING AT DHANAM NIVAS, VADAKKEPAVADI, TARUR-I, PAZHAMBALAMCODE P.O, ALATHUR, PALAKKAD, KERALA - 678544, ROLL NO. 9212005715. 4 HARIKRISHNAN S AGED 24 YEARS S/O. SASIDHARAN PILLAI, RESIDING AT KOIKKAL VEEDU, PANDITHITTA, THALAVOOR, AMBALANIRAPPU P.O, KOLLAM, KERALA - 691508. ROO. NO. 9211015594. 5 RAMJITH P.C.M AGED 23 YEARS S/O. RAJAN, RESIDING AT PUVATHUM CHALIL MEETHAL, CHERUVANNUR P.O, KOZHIKODE, KERALA - 673524, ROLL. NO. 9206019822. 6 MUHAMMED JASIR K.C, S/O. MUSTHAFA, RESIDING AT KUZHIYANCHERI HOUSE, OORAKAM, MELMURI P.O, MALAPPURAM, KERALA - 676519, ROLL NO. 9206017098. 7 MAJILESH A.K. AGED 29 YEARS W.P.(C)No.26189/2020 & connected cases 11 S/O. MANOJAN, RESIDING AT PANAMBRAKOYILOTH, KUNINGADU P.O, VADAKARA, KOZHIKODE, KERALA - 673503, ROLL NO. 9206021875. 8 MANU P. AGED 25 YEARS S/O. SANKARAN P, RESIDING AT PAROTH HOUSE, MELANNAM, CHATHANGOTTUPURAM P.O, PORUR, MALAPPURAM, KERALA - 679328, ROLL.NO. 9206020439. 9 BIPIN B AGED 26 YEARS S/O. BAHULEYAN K. RESIDING AT ATHIRA, PARAKKARA P.O, PATHANAMTHITTA, KERALA - 691525. ROLL NO. 9211016248. 10 PRASAD E.K AGED 27 YEARS RESIDING AT PRASADAM SCHOOL PADI, THIRUVALI P.O, MALAPPURAM, KERALA - 676123, ROLL NO. 9206007848. 11 MOHAMED IRSHAD M. AGED 23 YEARS S/O. MOHAMED BASHEER M, RESIDING AT MUTTIKKAL KARA, VETTATHUR P.O, PERINTHALMANNA, MALAPPURAM, KERALA - 667326. ROLL NO. 9206015396. 12 BABU E. AGED 27 YEARS S/O. RAMAKRISHNAN, RESIDING AT KUZHINJUPOKKIL HOUSE, PALAPPURAM P.O, OTTAPPALAM, PALAPPURAM, PALAKKAD,KERALA - 679103. ROLL.NO. 9212004611. 13 RANJITH K. AGED 23 YEARS S/O. MOHANAN K., RESIDING AT KEERTHI VEEDU, PALAPPURAM P.O, OTTAPPALAM, PALAKKAD, KERALA - 679103. ROLL. NO. 9212004355. 14 SUGUL M AGED 25 YEARS S/O. KRISHNAN KUTTY, RESIDING AT MOOCHIKKAL, ARIYALLUR, MALAPPURAM, KERALA - 676312, ROLL NO. 9206010675. 15 AKSHAY P.V. AGED 22 YEARS S/O.PALLIYALI VENUGOPAL, RESIDING AT PALLIYALI HOUSE, W.P.(C)No.26189/2020 & connected cases 12 VELLIYAMPADAM, CHANDAKKUNNU P.O, MALAPPURAM, KERALA - 679329, ROLL. NO. 9206005056. 16 SARATH P AGED 26 YEARS S/O. BALAKRISHNAN P., RESIDING AT PERIYADATH HOUSE, UNNIYAMVELICHAM, MADIKAL P.O, KASARAGODE, KERALA - 671314, ROLL. NO. 9206017240. 17 ANOOP KUMAR B.A AGED 22 YEARS S/O.M.D. BABUKUTTAN, RESIDING AT MUKUNNATHU VEEDU, KODAKKU, KOKKAD P.O, KOTTARAKARA, KOLLAM, KERALA - 691538. ROLL NO. 9211015711. 18 ADARSH M AGED 24 YEARS S/O. MOHANA KUMAR P, RESIDING AT POTTAYIL PUTHEN VEEDU, PULIMANCODE, PERUMKADAVILA P.O, THIRUVANANTHAPURAM, KERALA - 695124, ROLL NO. 9211011937. 19 SHEFEEK B AGED 23 YEARS S/O. BADHARUDHEEN, RESIDING AT KOTTAPPARAMBU, KAVASSERI P.O, PALAKKAD, KERALA - 678543, ROLL NO. 9212002027. BY ADVS. NAVOD PRASANNAN PATTALI K.V.KRISHNAKUMAR ## **RESPONDENTS:** 1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCE & PENSION., DEPARTMENT OF PERSONAL & TRAINING NORTH BLOCK, NEW DELHI - 1100001. 2 MINISTRY OF HOME AFFAIRS, REPRESENTED BY ITS SECRETARY, NORTH BLOCK, NEW DELHI - 110001. 3 STAFF SELECTION COMMISSION REPRESENTED BY ITS REGIONAL DIRECTOR (KKR), 1ST FLOOR, "E" WING, KENDRIYA SADAN, KORAMANGALA, BENGALURU, W.P.(C)No.26189/2020 & connected cases 13 KARNATAKA - 560034, |4|CENTRAL ARMED POLICE FORCE,| |---|---| ||REPRESENTED BY JOINT SECRETARY, (COORDINATION &| ||INTERNATIONAL COOPERATION), MINISTRY OF HOME AFFAIRS,| ||NORTH BLOCK, NEW DLEHI - 110001.| |5|BORDER SECURITY FORCE,| ||REPRESENTED BY ITS DIRECTOR GENERAL BLOCK 10, CGO| ||COMPLEX, LODHI ROAD, NEW DELHI - 110003,.| |6|CENTRAL RESERVE POLICE FORCE,| ||REPRESENTED BY ITS DIRECTORATE GENERAL, EAST BLOCK -7,| ||LEVEL 04, SECTOR - 01, R.K. PURAM, NEW DELHI - 110066.| |7|CENTRAL INDUSTRIAL SECURITY FORCE,| ||REPRESENTED BY ITS DIRECTOR GENERAL, 13, CGO COMPLEX,| ||LODHI ROAD, NEW DELHI - 110003.| |8|INDO-TIBETAN BORDER POLICE,| ||REPRESENTED BY ITS DIRECTOR GENERAL, BLOCK 02, CGO| ||COMPLEX, LODHI ROAD, NEW DELHI - 110003.| |9|SASHASTRA SEEMA BAL| ||REPRESENTED BY ITS DIRECTOR GENERAL, EAST BLOCK - V,| ||R.K.PURAM, NEW DELHI - 110066.| |10|ASSAM RIFLES| ||REPRESENTED BY ITS DIRECTOR GENERAL, HQ DGAR, ASSAM| ||RIFLES, SHILLONG, MEGHALAYA - 793002.| |11|NATIONAL INVESTIGATION AGENCY| ||REPRESENTED BY ITS DIRECTOR GENERAL CGO COMPLEX, LODHI| ||ROAD, NEW DELHI - 110003.| |12|DEPUTY INSPECTOR GENERAL OF POLICE| ||GROUP CENTRE, CENTRAL RESERVE POLICE FORCE,| ||PALLIPURAM, THIRUVANANTHAPURAM - 695316.| |13|INSPECTOR GENERAL,| ||FRONTIER HEAD QUARTERS, BORDER SECURITY FORCE,| ||YALAHANKA P.O, BANGALORE, KARNATAKA - 560064.| |14|ADDITIONAL DIRECTOR GENERAL (MEDICAL),| ||CAPF'S NSG & AR, WEST BLOCK, R.K.PURAM, NEW DELHI -| ||110066.| ||BY ADVS.| W.P.(C)No.26189/2020 & connected cases 14 N.S.DAYA SINDHU SHREE HARI SHRI.P.VIJAYAKUMAR, ASG OF INDIA S.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).26189/2020 AND CONNECTED CASES, THE COURT ON 9/12/2021 DELIVERED THE FOLLOWING: W.P.(C)No.26189/2020 & connected cases 15 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SUNIL THOMAS** **THURSDAY, THE 9[TH] DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943** **WP(C) NO. 25705 OF 2021** ## **PETITIONERS:** 1 SRISHIL P.P., AGED 24 YEARS S/O. DINESHAN P.P., RESIDING AT PUTHENPURAYIL, VADAKKUMBAD, MUNDALOOR P.O., KANNUR-670622, ROLL NO.9206007697. 2 SRI.JIJIN KUMAR M.T., AGED 28 YEARS S/O.KUNHIKANNAN.E, RESIDING AT EDAMEN HOUSE, THIRUNELLIKOVVAL, MANIYAT, KASARAGOD-671310, ROLL NO.9206005017. 3 SRI.ATHUL KUMAR.V, AGED 25 YEARS S/O.ANEESH KUMAR.V, RESIDING AT VENGATTU, P.C.PALAM PO., KAKKUR, KOZHIKODE-673585, ROLL NO.9206004967. 4 SRI.SAYANDH K.C, AGED 24 YEARS S/O.CHANDRAN K.R, RESIDING AT VANAJALAYAM, UTC, MUZHAPPILANGAD, KANNUR-670662, ROLL NO.9206004577. 5 SRI.BINU K.B, AGED 24 YEARS S/O.BABUJI, RESIDING AT KIZHAKKE VALAYIL, PATTAMTHURUTHU P.O, KOLLAM-691601, ROLL NO.9211001343. 6 SRI.KAPIL ANAND.C, AGED 26 YEARS S/O.SIVANANDAN.C, RESIDING AT CHEMBRA, BADIRUR, MAKKADA, KAKKODI, KIZHAKKUMURI, KOZHIKODE-673611, ROLL NO.9206014768. 7 SRI.AKSHAY KUMAR K.V, AGED 27 YEARS S/O.SADASIVAN K.V, RESIDING AT KARTHIKA, VELUTHEDATH THAZHAM, MAKKADA, KAKKODI, KOZHIKODE-673611, ROLL W.P.(C)No.26189/2020 & connected cases 16 NO.9206014756. 8 SRI.RAHUL E.K., AGED 23 YEARS S/O.SURENDRAN NAIR, RESIDING AT EDAKANDY HOUSE, CHALIKODE, KODUVALLY, KIZHAKKOTH, ELETTIL P.O., KOZHIKODE-673572, ROLL NO.9206011141. 9 SRI.AKSHAY.P, AGED 24 YEARS S/O.BABU.P, RESIDING AT PUTHURUMMAL, OLOPPARA, CHELANNUR, KANNAN KARA, KOZHIKODE-673616, ROLL NO.9206001174. 10 SRI.VISAKH N.P., AGED 23 YEARS S/O.RAMACHANDRAN, RESIDING AT NELLIYULLAPARAMBIL, KANNATTI, CHANGAROTH, KADIVANGAD, KOZHIKODE-673525, ROLL NO.9206015858. 11 SRI.HARIKISHOR O.H, AGED 25 YEARS S/O.HARIDASAN, RESIDING AT ONGALORA, NAYATTUPARA, OMASSERI, PUTHUR, KOZHIKODE-673582, ROLL NO.9206018878. 12 SRI.DINAPRABHU K.V, AGED 24 YEARS S/O.SADASIVAN K.P., RESIDING AT CHEYYAKKARA MEETHAL, BADIRUR, MAKKADA, KAKKODI, KOZHIKODE-673611, ROLL NO.9206016750. 13 SRI.AKSHAY KUMAR S.R, AGED 22 YEARS S/O.RAVINDRAN NAIR, RESIDING AT PADINHARAKKARA MEETHAL, CHELANNUR, EDAKKARA P.O., KOZHIKODE-673616, ROLL NO.9206006913. 14 SRI.ARUN.V, AGED 26 YEARS S/O.RAJAN.V, RESIDING AT VEPPIL PULIYAKKOTTUTHAZHAM, MAKKADA, KAKKODI, KIZHAKKUMURI, KOZHIKODE-673611, ROLL NO.9206008167. 15 SRI.MUHAMMED ASLAM.K, AGED 25 YEARS S/O.MOIDEEN KOYA.K, RESIDING AT K.P.M.MANZIL, AREEKKAD, NALLALAM, KOZHIKODE-673027, ROLL W.P.(C)No.26189/2020 & connected cases 17 NO.9206000965. 16 SRI.SUNEESH A.K, AGED 27 YEARS S/O.SURENDRAN, RESIDING AT AMMACHUKANDY, URATH, KUTTIYADI, KOZHIKODE-673508, ROLL NO.9206016749. 17 SRI.ARUN BABU, AGED 24 YEARS S/O.BABU.K, RESIDING AT KUNNUMPURATHU VEEDU, ESM COLONY, KULATHUPUZHA, KOLLAM-691310, ROLL NO.9211003824. 18 SRI.SREERAG.M.P, AGED 22 YEARS S/O.PRADEEPAN M.P., RESIDING AT MANNATHI PARAMBIL, PARAMBATH, THALAKKULATHUR, KOZHIKODE-673317, ROLL NO.9206024098. 19 SRI.MIDHUN.M, AGED 24 YEARS S/O.P.MADHUSOODHANAN, RESIDING AT PALLIPPURAM HOUSE, PARAPPA, BERIKKULAM P.O., KASARAGOD-671533, ROLL NO.9206005723. 20 SRI.NITHIN VIJAYAN, AGED 23 YEARS S/O.VIJAYAN, RESIDING AT VANALLOOR, PADEETTATHIL, VARAVILA, CLAPPANA, KOLLAM-690528, ROLL NO.9211004066. 21 SRI.NIKHIL D.A, AGED 23 YEARS S/O.DAMODARA.K, RESIDING AT BABURAYA NILAYA, ARAMANGANAM, KALNAD, KASARAGOD-671317, ROLL NO.9008000459. 22 SRI.RAHUL KRISHNA, AGED 24 YEARS S/O.RADHAKRISHNAN NAIR, RESIDING AT KRISHNA NIVAS, KUNNATHUKARA, ARANMULA P.O., PATHANAMTHITTA-689533, ROLL NO.9211002028. 23 SRI.SHABITH.K, AGED 25 YEARS S/O.BHASKARAN.K, RESIDING AT KOROTH HOUSE, KAVUMBHAGAM P.O., UMMENCHIRA, KANNUR-670649, ROLL NO.9206014514. 24 SRI.SRUTHEESH K.C, AGED 27 YEARS W.P.(C)No.26189/2020 & connected cases 18 S/O.DEVADASAN, RESIDING AT KARUMBECHALLIL, PAYAMBRA, KARUVATTUR, KOZHIKODE-673571, ROLL NO.9206015836. 25 SRI.SUMESH MOHAN, AGED 27 YEARS S/O.MOHANAN, RESIDING AT VADAKKINI HOUSE, THERMALA, NUCHIYAD, KANNUR-670705, ROLL NO.9206001794 26 SRI.AKHIL.G, AGED 24 YEARS S/O.GANGADHARAN.R, RESIDING AT KIDANGIL, KOTTAYAM P.O, VALLICOE, PATHANAMTHITTA-689656. ROLL NO.9211013130. 27 SRI.AKHILESH.K, AGED 24 YEARS S/O.KARTHIKEYAN, RESIDING AT VALLATTOOR KIZHAKKATHIL, THODIYOOR, KOLLAM-690523, ROLL NO.9211012149. 28 SRI.AKSHAY KUMAR P.P., AGED 25 YEARS S/O.SREEDHARAN P.P., RESIDING AT MUNGATH, BANKALAM P.O., MADIKAI, KASARAGOD-671314, ROLL NO.9206002358. 29 SRI.SUJEEV.S, AGED 27 YEARS S/O.SUDHAKARAN, RESIDING AT SUJEEV BHAVANAM, KIDAPRAM, MUNDROTHURUTHU, THEVALAKKARA, KOLLAM-690538, ROLL NO.9211003902. 30 SRI.JISHNU E.V, AGED 24 YEARS S/O.NARAYANANKUTTY T.P., RESIDING AT EZHIL VEEDU, ALATHATTU, KOOVERI, KANNUR-670581, ROLL NO.9206004579. 31 SRI.JAYAKRISHNAN.J.S, AGED 26 YEARS S/O.SUKU T.K., RESIDING AT JAYAKRISHNAN BHAVAN, ERAVIPEROOR P.O., THIRUVALLA, PATHANAMTHITTA-689542, ROLL NO.9204006043. 32 SRI.NAKULNATH A.G, AGED 25 YEARS S/O.P.GOPINATHAN NAIR, RESIDING AT ADIYODI VEEDU, BIRIKULAM, PARAPPA, KASARAGOD-671533, ROLL NO.9206001546. 33 SRI.ABINLAL M.K., AGED 25 YEARS S/O.SURENDRAN, RESIDING AT MEETHALAKANDIYIL, ALISSERI, W.P.(C)No.26189/2020 & connected cases 19 EDECHERI NORTH, KOZHIKODE-673502, ROLL NO.9206005179. 34 SRI.SUDHEESH V.C, AGED 28 YEARS S/O.CHANDRAN, RESIDING AT VENGORA HOUSE, PARIKKALAM P.O., PARIKKALAM, NUCHIYADA, KANNUR-670705, ROLL NO.9206016119. 35 SRI.ARUN KUMAR.A, AGED 24 YEARS S/O.ANIL KUMAR.C, RESIDING AT KIZHAKKEKOTTARATHIL, GRAMAM, ENNAKKAD P.O., ALAPPUZHA-689624, ROLL NO.9211004138. 36 SRI.AKHIL P.K., AGED 24 YEARS S/O.PADMANABHAN, RESIDING AT PULIYATH, PALERI TOWN, KUTTIYADI, KOZHIKODE-673508, ROLL NO.9206012277. 37 SRI.NISHAK P.K, AGED 26 YEARS S/O.VINODAN, RESIDING AT MAVULLATHARA, PATTARKULAGARA SCHOOL, KAYAKKODI, KOZHIKODE-673513, ROLL NO.9206023834. 38 SRI.RAHUL.N, AGED 25 YEARS S/O.RAMESHAN.T, RESIDING AT NAMATH HOUSE, KAVUMBHAGAM P.O., UMMENCHIRA, THALASSERY, KANNUR-670649, ROLL NO.9206015882. 39 SRI.MOHHAMED YASIN A.C, AGED 27 YEARS S/O.CHERIYAKOYA K.C, RESIDING AT AYSHA CHETTA, WARD NO.6, KADMAT, LAKSHADWEEP-682556, ROLL NO.9204009991. 40 SRI.MIDHUNRAJ K.K, AGED 27 YEARS S/O.RAJU M.P, RESIDING AT KUNNATHKUNUYIL, KALLODE, PERAMBRA, ERAVATTUR, KOZHIKODE-673525, ROLL NO.9206016375. 41 SRI.MANULAL C.P, AGED 24 YEARS S/O.SHIVAN, RESIDING AT CHOOLAPRAMBATH, IRINGAL, KOTTAKAL IGL, KOZHIKODE-673521, ROLL NO.9206016968. 42 KUM.SABAHA THANSEEHA E.K., AGED 21 YEARS W.P.(C)No.26189/2020 & connected cases 20 D/O.ABOOBACKER E.K, RESIDING AT E.K. HOUSE, ANANGADI, KADALUNDI NAGARAM P.O., VALLIKKUNU, MALAPPURAM-673314, ROLL NO.9206019381. 43 SRI.SYAM PRASAD.S, AGED 24 YEARS S/O.SIVA PRASAD.V, RESIDING AT VISHNU VIHAR, MEENAMBALAM, PARIPPALLY, PUTHENKULAM P.O., POOTHAKKULAM, KOLLAM-691302, ROLL NO.9211016727. 44 SRI.SACHIN.S, AGED 22 YEARS S/O.SURESHKUMAR.G, RESIDING AT THIRUVONAM KULATHINKARA VEEDU, VELLANAD P.O., THIRUVANANTHAPURAM-695543, ROLL NO.9211007542. 45 SRI.NAVEEN T.P., AGED 25 YEARS S/O.NARAYANAN V.V., RESIDING AT ANNUR (PO), PAYYANUR (VAI), KANNUR-670307, ROLL NO.9206002322. 46 SRI.ARUN P.P., AGED 24 YEARS S/O.UPENDRAN.C, RESIDING AT PUTHIYA PURAYIL HOUSE, UDINUR, THEKKUPURAM, KASARAGOD-671310, ROLL NO.9206005436. 47 SRI.BIPIN.K, AGED 23 YEARS S/O.PADMANABHAN P, RESIDING AT KOOTHUR HOUSE, ALANTHATTA, KASARAGOD-671313, ROLL NO.9206008959. 48 SRI.SANDEEP.S, AGED 26 YEARS S/O.SASI.V, RESIDING AT PUTHENTHARAYIL (H), AKKAL P.O., KAYAKKUNNUMMAL, KOZHIKODE-673513, ROLL NO.9206001418. 49 SRI.ASWANTH.M, AGED 26 YEARS S/O.CHANDRAN.C, RESIDING AT MUNDATHADATHIL KEEZHATHUR, PATHIRIYAD, KANNUR-670741, ROLL NO.9206004793. 50 SRI.ANANTHU G.VISWAN, AGED 21 YEARS S/O.VISWAN.K, RESIDING AT KURUPPAMVEETIL (H), KANNADIPOYIL P.O., BALUSSERY, KOZHIKODE-673612, ROLL NO.9206002255. W.P.(C)No.26189/2020 & connected cases 21 51 PRINCE.C, AGED 24 YEARS S/O.SHYJU.C, RESIDING AT ARIYILMEETHAL HOUSE, PALLIPPURAM, OLAVANNA, KOZHIKODE, KERALA-673019, ROLL NO.9206005532. 52 SRI.SUMITH P.B, AGED 24 YEARS S/O.BABU P.V, RESIDING AT POZHAMKANATH HOUSE, M.G.KAVU, KILLANNUR, MULAMKUNATHKAVU P.O., THRISSUR, KERALA-680581, ROLL NO.9212003904. 53 SRI.SUBISH I.S, AGED 24 YEARS S/O.SURENDRAN I.M, RESIDING AT INCHIKALAYIL HOUSE, KULATHAZHAM, PARLIKKAD, THRISSUR, KERALA-680623, ROLL NO.9212006342. 54 SRI.AKHIL P.V, AGED 24 YEARS S/O.RAJEENDRAN P.V, VISHNU KRIPA, THRIKKANNAPURAM, POOKKODE, PATHAYAKUNNU, KANNUR, KERALA-670691, ROLL NO.9206009550. 55 SRI.DILIN DEVADAS, AGED 26 YEARS S/O.DEVADAS, RESIDING AT ESWARAMANGALATH, PARIKKALAM P.O., PARIKKALAM, NUCHIYAD, KANNUR, KERALA-670705, ROLL NO.9206017071. 56 SRI.BIJU.B, AGED 26 YEARS S/O.BABU.B, RESIDING AT SREEMANDIRAM, KANDALLOOR NORTH, PATTOLI MARKET P.O., ALAPPUZHA, KERALA-690531, ROLL NO.9211008306. 57 SRI.ASHWIN C.N., AGED 21 YEARS S/O.KUNHIKRISHNAN.P, RESIDING AT CHITTAYIKUNNON NANGACHORE VEEDU, ALAKKAD NEAR KALARI, KANKOL P.O., PAYYANNUR, KANNUR, KERALA-670307, ROLL NO.9206017749. BY ADVS. NAVOD PRASANNAN PATTALI K.V.KRISHNAKUMAR **RESPONDENTS:** W.P.(C)No.26189/2020 & connected cases 22 |1|UNION OF INDIA| |---|---| ||REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL,| ||PUBLIC GRIEVANCE AND PENSION, DEPARTMENT OF PERSONAL| ||AND TRAINING, NORTH BLOCK, NEW DELHI-110001.| |2|MINISTRY OF HOME AFFAIRS,| ||REPRESENTED BY ITS SECRETARY, NORTH BLOCK, NEW DELHI-| ||110001.| |3|STAFF SELECTION COMMISSION,| ||REPRESENTED BY ITS REGIONAL DIRECTOR (KKR), 1ST FLOOR,| ||"E" WING, KENDRIYA SADAN, KORAMANGALA, BENGALURU,| ||KARNATAKA-560034.| |4|CENTRAL ARMED POLICE FORCES,| ||REPRESENTED BY JOINT SECRETARY, (COORDINATION AND| ||INTERNATIONAL COOPERATION), MINISTRY OF HOME AFFAIRS,| ||NORTH BLOCK, NEW DELHI-110001.| |5|BORDER SECURITY FORCE,| ||REPRESENTED BY ITS DIRECTOR GENERAL, BLOCK 10, CGO| ||COMPLEX, LODHI ROAD, NEW DELHI-110003.| |6|CENTRAL RESERVE POLICE FORCE,| ||REPRESENTED BY ITS DIRECTORATE GENERAL, EAST BLOCK-07,| ||LEVEL-04, SECTOR-01, R.K.PURAM, NEW DELHI-110066.| |7|CENTRAL INDUSTRIAL SECURITY FORCE,| ||REPRESENTED BY ITS DIRECTOR GENERAL, 13, CGO COMPLEX,| ||LODHI ROAD, NEW DELHI-110003.| |8|INDO-TIBETAN BORDER POLICE,| ||REPRESENTED BY ITS DIRECTOR GENERAL, BLOCK 02, CGO| ||COMPLEX, LODHI ROAD, NEW DELHI-110003.| |9|SASHASTRA SEEMA BAL| ||REPRESENTED BY ITS DIRECTOR GENERAL, EAST BLOCK V,| ||R.K.PURAM, NEW DELHI-110066.| |10|ASSAM RIFLES,| ||REPRESENTED BY ITS DIRECTOR GENERAL, HQ DGAR, ASSAM| ||RIFILES, SHILLONG, MEGHALAYA-793002.| |11|NATIONAL INVESTIGATION AGENCY,| ||REPRESENTED BY ITS DIRECTOR GENERAL, CGO COMPLEX,| ||LODHI ROAD, NEW DELHI-110003.| W.P.(C)No.26189/2020 & connected cases 23 12 DEPUTY INSPECTOR GENERAL OF POLICE, GROUP CENTRE, CENTRAL RESERVE POLICE FORCE, PALLIPURAM, THIRUVANANTHAPURAM-695316. 13 INSPECTOR GENERAL FRONTIER HEAD QUARTERS, BORDER SECURITY FORCE, YELAHANKA P.O., BANGALORE, KARNATAKA-560064. 14 ADDITIONAL DIRECTOR GENERAL (MEDICAL), CAPF'S, NSG & AR, WEST BLOCK, R.K.PURAM, NEW DELHI110066. BY ADV S.MANU N.S.DAYA SINDHU SHREE HARI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.11.2021, ALONG WITH WP(C).26189/2020 AND CONNECTED CASES, THE COURT ON 9/12/2021 DELIVERED THE FOLLOWING: W.P.(C)No.26189/2020 & connected cases 24 ## **JUDGMENT** **[WP(C) Nos.26189/2020, 16949/2021, 21139/2021, 23366/2021, 25705/2021]** The Staff Election Commission, notified vacancies on 21/7/2018, inviting applications from eligible candidates for recruitment to the posts of Constables(GD) in CAPFS, NIA,SSF and Rifleman(GD) in Assam Rifles (AR), which are the para police forces and armed forces. As per clause (5) of Ext.P1 notification, educational qualification was Matriculation/10[th] pass, from a recognized Board/University. The recruitment process consisted of three stages. The first one being computer based examination (CBE), second one Physical Standard Test(PST)/Physical Efficiency Test(PET) and thirdly Detailed Medical examination (DME). After successfully passing PET/ PST and medical examination, the candidate would be eligible for appointment. The petitioners herein submitted their applications. The computer based examination was held during the period 11/2/2019 to 11/3/2019 at various stages through out the country. The physical efficiency test and physical standard test were conducted between 13/8/2019 to 5/10/2019. Thereafter, the notification for detailed medical examination was issued and the selected candidates were called for detailed medical examination. It seems that, in the meanwhile, some of the candidates, who were rejected due to various medical grounds, approached this court by filing W.P.(C) Nos.16131/2020 and connected batch of cases, challenging the W.P.(C)No.26189/2020 & connected cases 25 conduct of the Review Medical examination(RME)by the Review Medical Board (RMB), formulated for the purpose of selection of the candidates. By interim order dated 20/1/2021, in the above batch of cases, this court directed the respondents therein to set apart 200 vacancies to accommodate the writ petitioners, in that batch of the writ petitions, in case they succeeded in the litigation. It emerges that by virtue of few other orders of this court, few more vacancies were set apart for candidates who have approached this Court. While so, on 21/1/2021, the staff Selection Commission published the final results of examination 2018, except for the State of Kerala. The above batch of cases, were disposed of by a common judgment dated 7/4/2021, in which this court directed the respondents to conduct a further RME of such of the petitioners who have secured minimum cut off marks required for selection, to assess their suitability . Time limit for conducting such RME was also stipulated. It was made clear that, once the report of further RME are made known to the candidates, the selection can be proceeded, taking note of the report of RME. It is at this stage, the present batch of the writ petitions have been preferred by separate candidates. 2. In the case of writ petitioners in W.P.(C)26189/2020, all the three petitioners had undergone detailed medical examination on 21/1/2020, 16/1/2020 and 14/1/2020. They were found to be unfit for the reason that certain minor defects were found out in their case. Accordingly, they had consulted the doctors, underwent the procedures which were required and preferred appeals along with medical certificates seeking RME. While so, the petitioners were W.P.(C)No.26189/2020 & connected cases 26 informed that their applications stood rejected on the ground that the “District Code was not matching with the Domicile District”. In the case of the first petitioner, it was revealed that the name of District mentioned in the application form was Thrissur, though the permanent address mentioned in the application form was in conformity with the Domicile certificate and nativity certificates as Kollam. In the case of the second petitioner, the name of the District mentioned in the application Form was Kollam, though from the permanent address shown in the application form, Domicile District was Thiruvananthapuram. In the case of the third petitioner, the domicile district was shown as Alapuzha, instead of Kollam. All the three petitioners have come up with a common grievance that due to an inadvertent error, instead of recording their place of domicile as disclosed in the Domicile and nativity certificate, in the application, they showed different places, which were their temporary places of stay or the place from where they uploaded the application forms. They contended that the applications were rejected on minor grounds and they ought to have been permitted to correct the mistake. Relying on the decision of the Rajasthan High Court in _**SB (Civil) No.12782/2018,**_ the petitioners approached this court by filing W.P.(C) No.4282/2020. It was disposed of by judgment dated 14/2/2020, directing the petitioners to approach the Staff Selection Commission, which was directed to consider the applications, in the light of the Judgment of the Rajasthan High Court referred to above and in the light of the contentions in the representations, which would be submitted by the petitioners. Accordingly, they filed representations which came to be W.P.(C)No.26189/2020 & connected cases 27 dismissed by a common order dated 16/11/2020. 3. Aggrieved by the above common order, the present petitioners have preferred this writ petitions contending that if their request for correcting the wrong domicile in their application in column N0.1 was permitted, it will not affect the result of the examination and para 11 and Point No.(X1) in the notification and para 17 at point 7, which prescribed that if there was variation of districts or states mentioned by the candidates at the time of DME/Document verification, their candidature would be cancelled, was contrary to law. The reliefs sought in that writ petition was to quash order dated 6/11/2020 which is produced as Ext.P32 and to quash para 11.(xi) and para 17.7 and clause (II) of Annexure 3 attached to the notification to the extent it prevented the candidates from correcting domicile status. Yet another relief sought was to include the name of the petitioners in the rank list to be published pursuant to the notification. 4. In W.P.(No.) 16949/2021, the writ petitioners, who are 26 in number, have approached this Court aggrieved by the delay in completing the recruitment process, conducted by the Staff Selection Commission. According to the petitioners, they are candidates who have successfully completed all the various stages in which they have appeared. It was stated that, on 28/1/2021, the Staff Selection Commission declared the results of candidates of State of Kerala. According to the writ petitioners, considering the number of vacancies sought to be filled up and the number of vacancies which were filled up showed that the total number of vacancies that would have been available for female category would be 256 and male category would be 1552, which included 200 vacancies, W.P.(C)No.26189/2020 & connected cases 28 which were ordered to be kept unfilled by the order of this Court. According to the writ petitioners, as against the total vacancies of 1808, the total number of candidates appointed from the State of Kerala was 1504 and 304 vacancies are still available in the State. 243 vacancies are kept aside pursuant to the interim order and 61 vacancies are kept unfilled by the Staff Selection Commission for the reasons best known to it. It was further contended that from a reply received by the petitioners under the Right to Information Act, it was revealed that 120 candidates have not joined the Force and the total number of non joining candidates were not yet finalised as on the date of that reply. It was claimed that no steps were taken from the side of the Staff Selection Commission for reporting the non joining vacancies for appointing the qualified candidates and the new notification for the next selection has been announced. It was contended that, if the above seats are not filled up, the State may loose that much vacancies. The relief sought in the above writ petition was to direct the Staff Selection Commission to complete the recruitment process with respect to 243 vacancies withheld pursuant to the direction of this court from the qualified and medically fit candidates, including the petitioners, who have attended the examination, within a time frame to be fixed by this Court. It was also requested that they may be directed to take steps to fill up non joining candidates vacancies, from the qualified and medically fit candidates including the petitioners who have attended the written examination 2018, within a time frame. 5. In W.P.(C)23366/2021 and 25705/2021, the writ petitioners have approached this Court seeking the identical relief of publication of revised merit W.P.(C)No.26189/2020 & connected cases 29 list including the non joining vacancies and other vacancies which according to the petitioners, are kept open, unfilled. The writ petitioners in W.P.(C) No.23366/2021, have earlier approached this Court challenging their exclusion after DME and seeking review medical examination. Pursuant to the order of this court, they had undergone revised medical examination. They were found to be medically fit by virtue of the revised medical examination. The anxiety of the petitioners is that since the revised final list containing the names of the petitioners have not been published by the 3[rd] respondent, due to the delay they may be called upon to undergo further medical examination. The validity period of findings/opinion of the medical board is one year which has now been extended to 18 months. Hence, the petitioners sought for a direction to the Staff Selection Commission to publish the revised final list in relation to the examination 2018, at the earliest, to issue appointment orders to the petitioners and to reckon their seniority similar to that of the candidates appointed from the merit list. 6. In W.P.(C) No.25705/2021, the case of the writ petitioners in crux is that, there are more vacancies available, than what SSC has through various orders published, and all such seats including that reserved for Ex servicemen category which remained unfilled, should be filled up along with other vacancies by taking steps for reporting the non reporting vacancies. According to the writ petitioners, total 463 posts remain unfilled. It includes the unselected posts after the declaration of the final result, vacancies in Ex-servicemen category, posts(Male) kept vacant as per the order of this court. According to the writ W.P.(C)No.26189/2020 & connected cases 30 petitioners, the four unfilled vacancies, in Union Territory of Lakshadweep which are available shall also be considered for that. The petitioners, by their own calculation, had arrived at the conclusion that the total number of vacancies will be 1738, whereas vacancies filled up are1274 only and one in ESM category. The prayer sought in the writ petition was for a direction to the Staff Selection Commission to publish the revised/additional rank list of constables (GD) at the earliest and direct the respondents to issue appointment letters to the petitioners at the earliest and to consider the seniority of the petitioners similar to that of the candidates appearing from the merit list. 7. In W.P.(C) No.21139/2021, the writ petitioners claim to have come out successful in the selection process and as such entitled to be included in the final list/posts allocation list based on their performance and marks allotted to them. It was stated that by virtue of the order of this court in W.P.(C) No.24526/2020 and connected cases, 200 vacancies were directed to be kept apart to accommodate the petitioners in those cases and it was disposed of with a direction to conduct RME. The grievance of the writ petitioners is that steps have not been taken by the Staff Selection Commission for RME and the delay causes injury to the writ petitioners who are waiting for announcement of the results. Hence, the writ petition was filed for a direction to conduct the RME, based on the judgment of this court in W.P.(C) No.24526/2020 and connected cases. 8. Since, common facts arise and common issues are involved in all the writ petitions, all the writ petitioners were heard together and on behalf of the W.P.(C)No.26189/2020 & connected cases 31 respondents, CGSC was heard. Examined the records. 9. In W.P.(C) No.26189/2020, a short question arises for consideration. In that, the first petitioner admittedly is residing at Kollam District, which is evident from her Domicile and Nativity Certificate. She has mentioned the same address in her application. However, in column 17 of her application against Domicile District, it was mentioned as Thrissur, the place from where she claims to have uploaded the application. In the case of the second and third petitioners also, they have mentioned Thiruvananthapuram and Kollam respectively as their permanent address. They have produced the Domicile certificate and nativity certificates which are in conformity with the permanent address. However, in column 17, they mentioned their domicile district as Kollam and Alapuzha respectively. The petitioners have come with their own explanation for committing such mistakes. It was also claimed that it was an unintentional mistake and none of the petitioners gain any benefit from the mistakes. The relief is sought on the premise that the mistakes have no bearing on the selection process as vacancies are State wise. Petitioners' representations were rejected, by a very detailed order, referring to the various clauses in the notification. 10. The learned counsel for the writ petitioners, relying on the notification contended that the petitioners are not domiciled in any of the three areas in Kerala which are naxal affected districts and that the mistakes could only by considered as an inadvertent error and that the petitioners cannot be faulted for it. However, I am not attracted by such contention. To support their contentions, petitioners relied on the decision of the Division Bench of the Delhi High Court in W.P.(C)No.26189/2020 & connected cases 32 _**Ajay Kumar Mishra v. Union of India ( W.P.(C) No.11642/2016)**_ . It was a case wherein an identical issue was involved. That was a case wherein, instead of Jalna ,the domicile was shown as Aurangabad. The Division Bench found in favour of the writ petitioners, therein and held that the petitioners were not to gain by writing domicile wrongly, however, he has given the postal and permanent address as of district Jalna. the court held that he had committed a bona fide mistake of mentioning domicile as Aurangabad. Hence, the order disqualifying the petitioners was quashed and set aside. 11. It is true that, in an identical context, the above decision was passed. However, the authority while passing Ext.P32 order had specifically referred that in the case of the petitioners, the change of district may not be much material. However, authority has to take a uniform policy through out the country in strict compliance with the provisions in the notification. Hence, it is not only a mere question whether, it will have any impact as far as the ranking is concerned, but a question of strict compliance with the provisions in the notification. The Division Bench decision does not refer to the necessity of uniformity in the selection process and also do not show that the specific clauses referred to in the notifications were considered by the Division Bench. All the detailed grounds mentioned herein by the authority were not placed before the Division Bench. Hence, I am not inclined to accept that decision as a precedent. 12. The Regional Director, who had rejected the representation of the petitioners by Ext.P32 order, had referred to the decision of the Rajasthan High Court in case No.12782/2018 holding that the grounds therein are different from W.P.(C)No.26189/2020 & connected cases 33 the case set up by the petitioners herein. According to the authority, the present examination is a unique one, in the sense that the 'domicile' is a most important parameter based on which the results of the written examination are declared by the Commission. According to the authority, the cut off marks for candidates are different for different domiciles, for all posts under the various categories and zones of selection, covered under that recruitment. The selection process will be affected to a greater degree, if any request for domicile change is entertained after applications are received. It was also stated that the selection process involves, the final selection of candidates along with the post allocation, in each category namely, unreserved, SC & ST, OBC and Ex servicemen will be made separately for male and female candidates in respect of each State/UT and further earmarked category of border guarding, militancy/naxal affected districts etc. wherever it is applicable. Evidently, in such a complex selection process, wherein various reservations, category wise, region wise and gender wise are involved, that too, on the basis of border guarding and militancy and naxal affected districts, and a further allocation on the basis of the various forces involved, to which separate allotments are to be made, any interference after the selection process has commenced may seriously prejudice the process of selection. According to the Staff Selection Commission, it had received more than 52 Lakhs application for the examination. Allowing any such change of any data furnished by the candidate in his online application at any stage of the recruitment , is not permissible. 13. Having regard to the, significance of the domicile, specific provisions W.P.(C)No.26189/2020 & connected cases 34 have been incorporated in the notification itself referring to the significance of domicile and repeatedly informing the candidates to be very careful in submitting the applications. The authority, while referring to it , specifically referred to para 11 at point 1(xi), under the heading “mode of selection”. It was mentioned that candidates will be considered for the vacancies of State /UT and further for the vacancies of border guarding districts, militancy/naxal affected districts based on the information provided by them in the online application Form and subsequent submission of relevant domicile certificate, at the time of DME/document verification. It was prescribed in the notification that “the candidates are advised to be very careful and should exercise due diligence while providing information about domicile state and district in the online application form”. It was specifically provided that “no request for change of domicile state and district will be entertained by the commission after submission of the application form under any circumstances”. It was warned that, “if there was any variation of district and /or state mentioned by the candidate in the online application and the domicile certificate submitted by them at that time of DME/Document verification, their candidature will be cancelled forthwith and they will not be allowed to participate in the detailed medical examination”. 14. In para 17 of the notification under the heading “ important instructions to candidates”, it was again reiterated that “the candidates are advised to be very careful and should exercise due diligence while providing information about domicile State and District in the online application form, No 35 W.P.(C)No.26189/2020 & connected cases request for change of domicile state and district will be entertained by the commission after submission of application form under any circumstances. If there was any variation of district and/or state mentioned by the candidate in the online application form and the domicile certificate submitted by them at the time of DME, their candidature will be cancelled forthwith and they will not be allowed to participate in DME”. 15. Evidently, clear and specific instructions have been reiterated by the Commission in the notification itself. The candidates were also directed to refer to the important notices uploaded in the Commission's website regarding the fixation of examination and again reiterating that their request for change of any data filled wrongly by the candidate in their online application forms like category, gender, domicile state/districts etc.shall not be entertained by the Commission. 16. Further, to ensure that accurate information regarding domicile State and Domicile District in the online application are furnished by the candidates and to enable them to make error free entries, the Commission had provided specific provisions in the online application form, wherein at Column No.16, candidates were required to select their domicile State/UT from the dropdown menu. In the next column, they were again required to fill it up, which were independent of each other. The system would accept information of State/UT of the candidate, only if the information given in both these columns matched perfectly. Similarly at Column No.17, candidates were required to select their Domicile district from the drop down menu, and in the next column they were again required to verify the domicile district from the drop down menu. Thus, the W.P.(C)No.26189/2020 & connected cases 36 system required the candidate to fill up the domicile State and domicile district two times which were independent of each other and subsequently these two entries were compared by the system internally and accepted only if both perfectly matched, to eliminate any possibility of inadvertent mistake. These facts, clearly show that the significance of domicile was repeatedly reiterated in the notification at different places and were also asserted in the subsequent notification. They were also specifically warned not to commit mistake. They were also given ample opportunity to make suitable changes, corrections and alterations of data before the final submission of applications, but not thereafter. In the above circumstances, there cannot be any possibility of any inadvertent omission except if petitioners are negligent and casual in submitting the application. Hence, they do not deserve any leniency. 17. There is yet another reason as to why it cannot be held to be an inadvertent omission. Each of the petitioner had his domicile and nativity certificate with him. Had the candidate been vigilant, candidates need only have referred to the certificates which were available with him and to enter the corresponding domicile place in the application form. If they are too negligent even to refer to that, that too after repeated warnings, the selection process cannot be found fault with. In the light of the specific provision that such corrections will not be permitted at any later stage, request of the petitioners cannot accepted . Acceptance of every such request seeking correction of such other mistakes may upset the complex selection process. Further, the selection process being an all India basis, recruitment board has to take a W.P.(C)No.26189/2020 & connected cases 37 uniform pattern of selection and any relaxation may have a a cascading impact on the selection process. 18. In the above circumstances, I am not inclined to grant any relief in W.P. (C) No.26189/2020 or to quash Ext.P32. My view is fortified by earlier decision of this court by another Bench in W.P.(C) No.13460/2020 . That was a case wherein, inadvertently, the gender of the candidate was wrongly mentioned. The request for correction at the time of finalization of a selection process was made. Contending that it was only an inadvertent omission, which was liable to be corrected, the petitioner in that case relied on a catena of decisions including the decision of the Division Bench in _**Rajesh Sominath Nilakha v. The Union of India and others ( W.P.(C) No.4761/2020)**_ wherein an identical issue as that of this case had came up. That was one in which there was a mistake of wrongly mentioning the domicile district. The rejection of the application was set aside by the Bombay High Court . In W. P(C) No.13460/2020, this court, relying on several decisions which had held that defects in applications, however insignificant they may appear, cannot be permitted to be corrected during the course of the selection since laxity in one case, will leave open the floodgate of request to condone irregularities or omissions. Those decisions held that cases of mistakes in applications cannot be decided on sympathies or by extending any other extenuating considerations. Referring to those decisions as well as the binding precedents of the Supreme Court in _**T.Jayakumar v. A.Gopu and Another (2008) 9 SCC 403),**_ the prayer of the writ petitioner was rejected, however with a rider that since the selection is a nation wide exercise, the W.P.(C)No.26189/2020 & connected cases 38 respondents obviously cannot adopt different standards in different standards in different states. However, if identical applications are considered favourably, the request of the petitioner should also be considered. I am in full agreement of the view of the learned Single Judge in that case. 19. In W.P.(C) No.16949/2021, W.P.(C) No. 23366/2021 & W.P.(C) No.25705/2021, all the petitioners have a common case that non publication of the revised list affects them and all of them have prayed for expeditious publication of the revised list. They have also sought that there may be time limit for such publication. Considering the fact that the batch of cases remained disposed of, and in the light of a common disposal of all the pending cases now, there is no reason as to why the authority shall not publish the result now. It was also brought to the notice of this court that W.A.No.699/2021, W.A.No.703/2021, W.A.No.777/2021, W.A.No.700/2021 and 782/2021 have been disposed of by a common judgment dated 28/10/2021. In all those cases, the rejection of application on medical grounds were under consideration. The judgment of the Division Bench indicates that all the above writ petitions were disposed of by a common judgment by allowing the appeal and setting aside the judgments in all the writ petitions in question. 20. In the light of the disposal of the common batch of the writ petitions, the directions issued at the interlocutory stage, to keep unfilled around 200 vacancies seems to be not in force now. In the absence of any other proceedings, the recruitment board will be free to proceed with the selection process. Accordingly, the prayer sought in W,P.(C)No.16949/2021,W.P. 39 W.P.(C)No.26189/2020 & connected cases (C)No.23366/2021andW.P.(C)No.25705/2021 to that extent stands allowed. 21. In W.P.(C) 16949/2021, there is a further prayer that steps may be taken to fill up non joining candidates vacancies, from the qualified and medically fit candidates, who have attended the medical examination in 2018. The above prayer is only to be allowed subject to the Rules and Regulations. There is a further prayer in the above writ petition to extend the time prescribed in Ext.P6 therein. In the light of the fact that all the petitioners therein have undergone revised medical examination and reports are available, the period expiry of the medical reports, in the case of any of the writ petition pending during the above interregnum period, shall stand extended till the date of finalisation of the list and report of such selected candidates may be accepted without insisting for fresh medical board examination. To that extent, the above prayer is only to be allowed. 22. In W.P.(C) No.25705/2021, W.P.(C) No.23366/2021 and W.P.(C) No.16949/2021, petitioners claimed that there are several vacancies available than declared by the Staff Selection Commission in various communications. The status regarding the above are also made available. It includes unfilled vacancies of ex servicemen, reserved for naxal affected areas, reserved for male and females, etc. Definitely, the filling up of vacancies involves a complex process with horizontal and vertical reservation and various other reservations. In the light of the niceties involved and the limited jurisdiction of this Court, this Court is not inclined to undertake the exercise of ascertaining the number of vacancies. However, the above is left open to be considered by the Staff W.P.(C)No.26189/2020 & connected cases 40 selection Commission and the authorities thereunder in accordance with law, however, having due regard to the contentions set up by the above writ petitioners in this regard. 23. In W.P.(C) 25705/2021 and 23366/2021, further direction is sought to consider seniority and services of the petitions similar to the candidates appointed from the merit list. Having considered the fact that the entire select list and the rank list is yet to be published , I am not inclined to give such a direction in advance. It will be for the authority to fix the rank list. The right to challenge it, in case of any grievance is retained. 24. In W.P.(C) No. 21139/2021, the grievance of the writ petitioner was that RME was not conducted and further delay in conducting it, will affect the interest of the selected candidates. Since it has come on record that the revised medical examination of all the candidates except those candidates covered by the writ appeals referred above earlier, have been conducted, I am not inclined to give any further direction in the light of the general direction proposed to be given as below: 25. In the result all the writ petitions are disposed of as follows: 1. W.P.(C) No.26189/2020 is dismissed confirming the findings in Ext.P32 therein. 2. W.P.(C) No.21139/2021, no separate direction is liable to be given. Accordingly, in the light of the directions proposed to be given in all other writ petitions., W.P.(C) No.21139/2021 is closed. 3. There will be a direction to the staff selection commission to complete W.P.(C)No.26189/2020 & connected cases 41 the selection process and after completing all formalities, to publish the results within a period of one month from the date of receipt of a copy of this judgment. 4. In the light of averments in W.P.(C) No.25705/2021, W.P.(C) 23366/2021 & W.P.(C) No.16949/2021, that several vacancies are available than disclosed by the staff selection commission and that they shall also be included in the common pool for being filled up from the present vacancy, there shall be a direction to the staff selection commission to fill up all available vacancies including that of ex-servicemen, in accordance with the notification and the Rules. The Commission shall take into consideration whether the vacancies referred by the writ petitioners in W.P.(C) No.16949/2021, W.P.(C) No.25705/2021 and W.P.(C) No.23366/2021 are available. 5. The non joining vacancies covered by the present notification 2018, subject to the Rules and Regulations shall be filled up from the present list, if they are not already covered by the new notification issued for the selection for the next year. 6. The claims regarding seniority by some of the writ petitioners is left open to be considered by the staff selection commission and it will be open to the aggrieved persons, to challenge, it in accordance with law. 7. In the absence of any interdiction from any other courts against the release of the vacancies, all the vacancies including 200 seats set apart by virtue of the interim order shall be filled up from the eligible persons. 8 **.** The period of expiry of all revised medical reports will stand extended till the date of finalization of list. W.P.(C)No.26189/2020 & connected cases 42 Accordingly, W.P.(C) Nos.25705/2021, W.P.(C)No.23366/2021 and W.P. (C) No.16949/2021 are allowed in part. Sd/- ## **SUNIL THOMAS** **Judge** dpk W.P.(C)No.26189/2020 & connected cases 43 ## **APPENDIX OF WP(C) 16949/2021** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE FINAL RESULT BEARING| |---|---| ||NO.07.01.2018-C-1/2(VOL-2) DATED 21.01.2021| ||WITHOUT THE ANNEXURES.| |Exhibit P2|TRUE COPY OF THE NOTIFICATION DATED| ||28.01.2021 BEARING NO.07/01/2018-C-1/2| ||(VOL-II) ALONG WITH THE ANNEXURES.| |Exhibit P3|TRUE COPY OF THE RELEVANT PAGES OF THE| ||JUDGMENT DATED 07.04.2021 IN WP(C)| ||NO.24526/2020 AND OTHER CONNECTED CASES.| |Exhibit P4|TRUE COPY OF THE RIGHT TO INFORMATION| ||APPLICATION DATED 19.04.2021 PREFERRED BY| ||THE 7TH PETITIONER.| |Exhibit P5|TRUE COPY OF RTI REPLY DATED 07.07.2021| ||ISSUED BY THE 6TH RESPONDENT.| |Exhibit P6|TRUE COPY OF THE COMMUNICATION DATED| ||16.04.2021 ISSUED BY 2ND RESPONDENT.| |Exhibit P7|TRUE COPY OF THE NOTICE BEARING F NO.3-| ||1/2020-P&P-1 WITHOUT THE ANNEXURES.| W.P.(C)No.26189/2020 & connected cases 44 ## **APPENDIX OF WP(C) 21139/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO. 7/01/2018-C-1/2(VOL.II), PUBLISHED ON 28.01.2021. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 07.04.2021 IN WP(C) NO. 24526/2020. Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 12.07.2021 IN WP(C) 13578/2021. W.P.(C)No.26189/2020 & connected cases 45 ## **APPENDIX OF WP(C) 23366/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE COMMON JUDGMENT DATED| ||07.04.2021 IN WRIT PETITIONS (CIVIL) NO.| ||25455 OF 2020 AND OTHER CONNECTED MATTERS,| |Exhibit P2|TRUE COPY OF THE ORDER DATED 07.04.2021 IN| ||WRIT PETITION(CIVIL) NO. 26337 OF 2020.| |Exhibit P3|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 1ST| ||PETITIONER.| |Exhibit P3(a)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 2ND| ||PETITIONER.| |Exhibit P3(b)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 3RD| ||PETITIONER.| |Exhibit P3(c)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 4TH| ||PETITIONER.| |Exhibit P3(d)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 5TH| ||PETITIONER.| |Exhibit P3(e)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 6TH| ||PETITIONER.| |Exhibit P3(f)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 7TH| ||PETITIONER.| |Exhibit P3(g)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 8TH| ||PETITIONER.| |Exhibit P3(h)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 9TH| ||PETITIONER.| W.P.(C)No.26189/2020 & connected cases 46 |Exhibit P3(i)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| |---|---| ||REPORT DATED 17.07.2021 OF THE 10TH| ||PETITIONER.| |Exhibit P3(j)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 11TH| ||PETITIONER.| |Exhibit P3(k)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 12TH| ||PETITIONER.| |Exhibit P3(l)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 13TH| ||PETITIONER.| |Exhibit P3(m)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 14TH| ||PETITIONER.| |Exhibit P3(n)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 17.07.2021 OF THE 15TH| ||PETITIONER.| |Exhibit P3(o)|TRUE COPY OF THE CALL LETTER FOR REVIEW| ||MEDICAL EXAMINATION DATED 11.08.2021 OF THE| ||16TH PETITIONER.| |Exhibit P3(p)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 07.07.2021 OF THE 17TH| ||PETITIONER.| |Exhibit P3(q)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 07.07.2021 OF THE 18TH| ||PETITIONER.| |Exhibit P3(r)|TRUE COPY OF THE REVIEW MEDICAL EXAMINATION| ||REPORT DATED 07.07.2021 OF THE 19TH| ||PETITIONER.| |Exhibit P4|TRUE COPY OF THE LETTER DATED 16.04.2021| ||ISSUED BY THE 2ND RESPONDENT TO THE 10TH| ||AND 11TH RESPONDENTS.| W.P.(C)No.26189/2020 & connected cases 47 ## **APPENDIX OF WP(C) 25705/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE NOTICE BEARING| ||F.NO.3/2/2017-P&P-1 DATED 21.07.2018 OF THE| ||CONSTABLES (GD) IN CENTRAL ARMED POLICE| ||FORCES (CAPFS), NIA & SSF AND RIFLEMAN (GD)| ||IN ASSAM RIFLES (AR) EXAMINATION 2018 ALONG| ||WITH ANNEXURES ISSUED BY THE 3RD| ||RESPONDENT.| |Exhibit P2|TRUE COPY OF THE COMMON JUDGMENT DATED| ||26.02.2021 IN WRIT PETITION (CIVIL)| ||NO.21382 OF 2019 AND OTHER CONNECTED| ||MATTERS.| |Exhibit P3|TRUE COPY OF THE NOTIFICATION DATED| ||28.01.2021 BEARING NO.07/01/2018-C1/2(VOL-| ||II) ALONG WITH ANNEXURES ISSUED BY THE 3RD| ||RESPONDENT.| |Exhibit P3(A)|TRUE COPY OF THE NOTIFICATION TITLED FORCE| ||WISE CONSOLIDATED VACANCIES FOR CONSTABLES| ||(GD) IN CENTRAL ARMED POLICE FORCES| ||(CAPFS), NIA & SSF AND RIFLEMAN (GD) IN| ||ASSAM RIFLES (AR) EXAMINATION 2018 DATED| ||NIL ISSUED BY THE 3RD RESPONDENT.| |Exhibit P4|TRUE COPY OF THE LETTER DATED NIL ISSUED BY| ||THE 9TH PETITIONER TO THE 3RD RESPONDENT.| |Exhibit P5|TRUE COPY OF THE COMMUNICATION DATED| ||24.03.2021 ISSUED BY THE 3RD RESPONDENT TO| ||THE 9TH PETITIONER.| |Exhibit P6|TRUE COPY OF THE NOTICE BEARING F.NO.3-| ||1/2020 P & P-I DATED 17.07.2021 OF THE| ||CONSTABLES (GD) IN CENTRAL ARMED POLICE| ||FORCES (CAPFS), NIA & SSF AND RIFLEMAN (GD)| ||IN ASSAM RIFLES (AR) EXAMINATION 2018| ||WITHOUT THE ANNEXURES ISSUED BY THE 3RD| ||RESPONENT.| |Exhibit P7|TRUE COPY OF THE POLICY GUIDELINES DATED| ||NIL TITLED REVISED SCHEME FOR COMMON| ||RECRUITMENT OF CONSTABLES (GD) IN CENTRAL| ||ARMED POLICE FORCES (CAPFS) & ASSAM RIFLES,| W.P.(C)No.26189/2020 & connected cases 48 ||NATIONAL INVESTIGATION AGENCY (NIA) AND| |---|---| ||SECRETARIAT SECURITY FORCE (SSF) TO BE| ||CONDUCED BY THE STAFF SELECTION COMMISSION| ||ISSUED BY THE 2ND RESPONDENT.| |Exhibit P8|TRUE COPY OF THE JUDGMENT DATED 10.06.2018| ||OF HON'BLE HIGH COURT OF KERALA IN BIJU| ||C.VS INSTITUTE OF HUMAN RESOURCES| ||DEVELOPMENT NUMBERED AS W.P(C)NO.17134 OF| ||2011 REPORTED IN MANUPATRA.COM AS| ||MANU/KE/0980/2016.| |Exhibit P9|TRUE COPY OF THE JUDGMENT DATED 26.10.2016| ||OF HON'BLE HIGH COURT OF KERALA IN| ||INSTITUTE OF HUMAN RESOURCES DEVELOPMENT| ||VS.BIJU C.NUMBERED AS W.A.NO.2049 OF 2016| ||IN W.P(C)NO.17134 OF 2011.| |Exhibit P10|TRUE COPY OF THE JUDGMENT DATED 12.08.2013| ||OF HON'BLE SUPREME COURT IN MANOJ MANU AND| ||ORS VS UNION OF INDIA AND ORS.NUMBERED AS| ||CIVIL APPEAL NO.6707/2013 REPORTED IN| ||MANUPATRA.COM AS MANU/SC/0782/2013.| |Exhibit P11|TRUE COPY OF THE JUDGMENT DATED 27.11.2018| ||OF HON'BLE SUPREME COURT IN DINESH KUMAR| ||KASHYAP & ORS VS SOUTH EAST CENTRAL RAILWAY| ||AND ORS.NUMBERED AS CIVIL APPEAL| ||NO.11360/2018 REPORTED AS 2018 ICO 2404 IN| ||INDIACASES.COM.| |Exhibit P12|TRUE COPY OF THE JUDGMENT DATED 21.02.2019| ||OF THE HON'BLE HIGH COURT OF KERALA IN| ||UNNIKRISHNAN NAIR G.S & ANR VS. STATE OF| ||KERALA & ORS. IN OP(KAT)NO.256/2017| ||REPORTED AS 2019(2) KLJ 152.| W.P.(C)No.26189/2020 & connected cases 49 ## **APPENDIX OF WP(C) 26189/2020** |PETITIONER EXHIBITS|| |---|---| |EXHIBIT P1|TRUE COPY OF THE NOTIFICATION DATED| ||21.07.2018 ISSUED BY THE 3RD RESPONDENT.| |EXHIBIT P2|TRUE COPY OF THE APPLICATION FORM FOR THE| ||POST OF CO STABLE GD IN CAPFS NIA, SSF AND| ||RIFLEMAN GD IN ASSAM RIFLES UPLOADED BY THE| ||1ST PETITIONER.| |EXHIBIT P3|TRUE COPY OF THE DOMICILE CERTIFICATE DATED| ||11.10.2019 ISSUED BY THE TAHASILDAR,| ||KOTTARKAKRA TALUK OFFICE TO THE 1ST| ||PETITIONER.| |EXHIBIT P4|TRUE COPY OF THE NATIVITY CERTIFICATE DATED| ||11.10.2019 ISSUED BY THE TAHASILDAR| ||KOTTARAKAKRA TALUK OFFICE TO THE 1ST| ||PETITIONER.| |EXHIBIT P5|TRUE COPY OF THE DOMICILE CERTIFICATE DATED| ||14.10.2019 ISSUED BY THE TAHASILDAR| ||NEDUMANGAD TALUK OFFICE TO THE 2ND| ||PETITIONER.| |EXHIBIT P6|TRUE COPY OF THE NATIVITY CERTIFICATE DATED| ||15.10.2019 ISSUED BY THE TAHASILDAR,| ||NEDUMANGAD TALUK OFFICE TO THE2ND| ||PETITIONER.| |EXHIBIT P7|TRUE COPY OF THE DULY FILLED APPLICATION| ||FROM UPLOADED BY THE 3RD PETITIONER ON| ||26.08.2018.| |EXHIBIT P8|TRUE COPY OF THE DOMICILE CERTIFICATE DATED| ||27.09.2019 ISSUED BY THE TAHASILDAR,| ||KARUNAGAPPALLY TALUK, TO THE 3RD| ||PETITIONER.| |EXHIBIT P9|TRUE COPY OF THE NATIVITY CERTIFICATE DATED| ||30.09.2019 ISSUED BY THE TAHASILDAR| ||KARUANGAPPALLY TALUK TO THE 3RD RESPONDENT.| |EXHIBIT P10|TRUE COPY OF THE E ADMIT CARD ISSUED TO THE| W.P.(C)No.26189/2020 & connected cases 50 ||1ST PETITIONER FOR DME.| |---|---| |EXHIBIT P11|TRUE COPY OF THE E ADMIT CARD ISSUED TO THE| ||2ND PETITIONER FOR DME.| |EXHIBIT P12|TRUE COPY OF THE E ADMIT CARD ISSUED TO THE| ||3RD PETITIONER FOR DME.| |EXHIBIT P13|TRUE COPY OF THE DME FORM NO. 1 MEMORANDUM| ||DATED 22.1.2020 ISSUED BY THE 7TH| ||RESPONDENT.| |EXHIBIT P14|TRUE COPY OF THE MEDICAL FITNESS| ||CERTIFICATES DATED 27.1.2020 ISSUED TO THE| ||1ST PETITIONER FORM THE A.A. RAHIM MEMORIAL| ||DISTRICT HOSPITAL, KOLLAM.| |EXHIBIT P15|TRUE COPY OF THE MEDICAL FITNESS| ||CERTIFICATE DATED 27.1.2020 ISSUED TO THE| ||1ST PETITIONER FROM THE A.A. RAHIM MEMORIAL| ||DISTRICT HOSPITAL, KOLLAM.| |EXHIBIT P16|TRUE COPY OF THE APPEAL DATED 27.01.2020 IN| ||FORM NO. 2 PREFERRED BY THE 1ST PETITIONER| ||TO THE 8TH RESPONDENT.| |EXHIBIT P17|TRUE COPY OF THE DD FOR RS. 25/- DRAWN ON| ||SBI IN FAVOUR OF THE DIGGC, CRPF| ||PALLIPPURAM.| |EXHIBIT P18|TRUE COPY OF THE DME FORM NO.1 CONSTABLE GD| ||EXAM 2018 MEMORANDUM ISLED BY HE 7TH| ||RESPONDENT.| |EXHIBIT P19|TRUE COPY OF THE CERTIFICATE DATED| ||27.01.2020 ISSUED BY DR. VIVEK KRISHNAN.| |EXHIBIT P20|TRUE COPY OF THE APPEAL DATED 27.01.2020| ||PREFERRED BY THE 2ND PETITIONER TO THE 8TH| ||RESPONDENT.| |EXHIBIT P21|TRUE COPY OF THE DME FORM NO. 1 DATED| ||14.01.2002 ISSUED BY THE 7TH RESPONDENT.| |EXHIBIT P22|TRUE COPY OF THE MEDICAL FITNESS| ||CERTIFICATE DATED 17.01.2020 ISSUED BY THE| ||ORTHOPEDIC SURGEON DR. RAJESHKUAMR OF A.R.| ||RAHIM MEMORIAL DISTRICT HOSPITAL, KOLLAM TO| W.P.(C)No.26189/2020 & connected cases 51 ||THE 3RD PETITIONER.| |---|---| |EXHIBIT P23|TRUE COPY OF THE APPEAL PREFERRED BY THE| ||3RD PETITIONER ON 17.1.2020 TO THE 8TH| ||RESPONDENT.| |EXHIBIT P24|TRUE COPY OF THE REJECTION SLIP DATED| ||21.01.2020 ISSUED TO THE 1ST PETITIONER.| |EXHIBIT P25|TRUE COPY OF THE REJECTION SLIP DATED| ||16.01.2002 ISSUED BY THE 7TH RESPONDENT TO| ||THE 2ND PETITIONER.| |EXHIBIT P26|TRUE COPY OF THE REJECTION SLIP DATED| ||14.02.2020 ISSUED BY THE 7TH RESPONDENT TO| ||THE 3RD PETITIONER.| |EXHIBIT P27|TRUE COPY OF THE JUDGMENT DATED 14.02.2020| ||IN WPC NO. 4282/2020 OF THE HONBLE COURT.| |EXHIBIT P28|TRUE COPY OF THE REPRESENTATION DATED| ||18.02.2020 PREFERRED BY THE PETITIONERS TO| ||THE 3RD RESPONDENT.| |EXHIBIT P29|TRUE COPY OF THE REGISTERED SLIP DATED| ||19.02.2020.| |EXHIBIT P30|TRUE COPY OF THE COMMUNICATION DATED| ||5.11.2020 ISSUED BY THE 8TH RESPONDENT DIG.| |EXHIBIT P31|TRUE COPY OF THE REQUEST DATED 20.11.2020| ||PREFERRED BY THE 1ST PETITIONER TO THE| ||SSPO.| |EXHIBIT P32|TRUE COPY OF THE ORDER DATED 16.11.2020| ||ISSUED BY THE 4TH RESPONDENT REGIONAL| ||DIRECTOR.| |EXHIBIT P33|TRUE COPY OF THE JUDGMENT DATED 27.7.2020| ||IN WRIT PETITION NO 4761/2020 OF THE| ||DIVISION BENCH OF THE HON'BLE BOMBAY HIGH| ||COURT| |EXHIBIT P34|TRUE COPY OF THE JUDGMENT DATED 23.12.2016| ||IN WPC NO 11642/2016 OF THE HON'BLE DELHI| ||HIGH COURT|