Full Judgment Text
$~95
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: 09 September, 2024
+ W.P.(C) 6961/2018 and CM APPL. 26375/2018
SH. MOHAN SINGH .....Petitioner
Through: Mr. Sachin Chauhan, Advocate.
versus
LOK SABHA SECRETARIAT
AND ANR. .....Respondents
Through: Mr.Pramod Gupta and Mr.Harsh
Jaiswal, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JUDGEMENT
JYOTI SINGH, J. (ORAL)
1. This writ petition has been preferred on behalf of the Petitioner under
Article 226 read with Article 227 of the Constitution of India assailing order
dated 05.03.2018 whereby candidature of Petitioner for the post of Security
Assistant Grade-II (Technical) in Lok Sabha Secretariat (‘LSS’) has been
cancelled and seeking a direction to the Respondents to appoint the
Petitioner to the said post with all consequential benefits including seniority.
Petitioner is an Ex-Serviceman who was enrolled in the Indian Army on
28.12.1990 and discharged from there on 30.06.2012. Petitioner is receiving
disability pension from the Army on account of Coronary Artery Disease
(‘CAD’).
2. Factual matrix to the extent necessary is that LSS issued an
Advertisement No.02/2016 inviting applications from eligible Ex-
Servicemen for appointment to the post of Security Assistant Grade-II
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 1 of 9
(Technical) and the eligibility conditions including educational
qualifications as well as job responsibilities were duly stipulated therein.
Relevant part of the advertisement is as follows:
“2. EDUCATIONAL QUALIFICATION AND TECHNICAL
EXPERIENCE
Ex-Servicemen possessing Educational qualification of 10+2 in
Physics, Chemistry and Mathematics from a recognized Board or Diploma
in computer Science/Computer Engineering/Electrical/ Mechanical/
Electronics and Communication recognized by a University/AICTE and
Technical Experience as under:-
Exposure in handling/installation/ maintenance of microprocessor
based access control system/ CCTV system/ anti-sabotage equipment/
computer controlled radio communication system/ electronics
instruments/ latest computer operating system in LAN/ WAN
environment/ handling of UNIX/AIX etc. based main frame server with
wide area network/ visual basic and crystal reports.
Preference will be given to persons possessing Bachelor's degree in
relevant discipline of science/ engineering.
3. UPPER AGE LIMIT : 45 years as on 05.09.2016. However, there will
be no age limit for the employees of Lok Sabha Secretariat. Provided that
such applicant has completed three years' continuous service in Lok Sabha
Secretariat as on 05.09.2016.
xxx xxx xxx
5. Job Responsibility :
The selected candidates will be required to perform the following duties:-
(i) Manage High Bandwidth Wide Area Network, Network, Network
Security & Redundancy, day to day maintenance of Windows Server,
IBM Server, Back up Strategy, Disaster recovery etc. to take regular
backups, schedule the backup programs, update antivirus software,
install application software, data base administration etc.
(ii) Analysis, monitoring and recording of CCTV Cameras, retrieving of
data for DVR/NVR, setting up triggers for various alarm conditions.
(iii) Monitoring, recording and controlling all communication operations
and retrieving data from voice logger and preparing transcripts.
(iv) Handling of equipment including explosive detectors, NLJD, Search
Cameras, X-Ray Machines, Bomb Blankets etc. for carrying out anti-
sabotage checks.
(v) Any other duty assigned to them from time to time.”
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 2 of 9
3. Petitioner applied for the post of Security Assistant Grade-II
(Technical) as he fulfilled the eligibility criteria and submitted all the
requisite documents including marksheets and certificates pertaining to
educational qualifications and experience as well as copies of discharge
book/recommendation for civil employment issued by the Indian Army.
Petitioner was interviewed by the Board of Officers of LSS on 15.12.2016
and vide letter dated 07.04.2017, he was offered appointment, subject to
production of documents mentioned therein for verification.
4. It is averred that document and police verification was completed by
August, 2017 and thereafter vide letter dated 26.07.2017, Petitioner was
directed to get himself medically examined by the Chief Medical Officer
Government Hospital, Karauli along with copy of enclosed medical
certificate proforma, photographs, his statement and declaration etc. As per
the Petitioner, he was declared medically fit for employment and the Senior
Medical Officer (‘SMO’) issued a certificate dated 09.08.2017, certifying
that Petitioner did not suffer from any disease, bodily infirmity etc. which
could be a disqualification for employment in LSS, despite the Petitioner
disclosing that he had CAD.
5. As the joining of the Petitioner was being delayed, he sent a letter
dated 10.10.2017 enclosing certificate dated 12.04.2012 and disability
certificate dated 16.08.2017 to LSS and sought joining at the earliest.
However, instead of calling upon the Petitioner to join, LSS issued the
impugned Memorandum dated 05.03.2018 cancelling the candidature of the
Petitioner on the ground that Petitioner would not be able to perform the
rigorous duties inherent in the technical job of Parliament security and
challenging the said order, this writ petition was filed.
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 3 of 9
6. Mr. Sachin Chauhan, learned counsel for the Petitioner argues that the
candidature of the Petitioner has been arbitrarily and illegally cancelled,
ignoring the fact that the Medical Officer authorized to conduct the medical
examination of the Petitioner at Government Hospital, Karauli, certified that
Petitioner suffered from no disease or bodily infirmity etc. and was fit to
perform the duties in LSS. This medical examination was a part of the
selection process initiated by LSS and once the medical authority declared
the Petitioner medically fit, it was not open to the Security Head at LSS,
who is a non-medical person, to re-assess the medical fitness of the
Petitioner and cancel his candidature by giving a contrary opinion.
7. It is further argued that at all stages of selection, right from the
beginning, Petitioner had himself declared his medical status and informed
LSS that he was suffering from CAD and was discharged from the Army
with disability pension. Moreover, the advertisement does not mention any
specific medical criteria or a particular disability or medical condition,
which was to be a disqualification for appointment as Security Officer in
LSS. Competent Authority has also glossed over the crucial fact that along
with copy of the discharge book issued by the Army, Petitioner had also
submitted a certificate wherein the case of the Petitioner was recommended
for civil employment by President of the Medical Board at Command
Hospital, Pune and this is indicative of the fact that even at the time of
discharge from the Army, Petitioner despite his condition of CAD was fit for
civil employment and it goes without saying that a person fit for the Indian
Army will be fit for the job of a Security Officer in LSS. Moreover, CAD
has been a long standing disease and has never hampered the discharge of
duties in the Army and will not do so in performance of duties of Security
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 4 of 9
Assistant Grade-II (Technical). It is also argued that the impugned order
violates the aims and objects of the provisions of the Rights of Persons with
Disabilities Act, 2016 (hereinafter referred to as the “Disabilities Act”)
which provides for granting equal job opportunities to persons, who are
specially abled.
8. Mr. Pramod Gupta, learned counsel appearing on behalf of LSS
opposes the writ petition and submits that after the advertisement was issued
by Joint Recruitment Cell, LSS to fill up vacancies in the grade of Security
Assistant Grade-II (Technical), interviews were conducted and a panel of 65
persons was prepared on 03.02.2017 in which Petitioner was at serial No.63.
Pre-appointment formalities were initiated which included document and
police verification as well as medical examination. Once it came to light that
Petitioner was suffering from CAD and drawing disability pension from the
Army, matter was examined and deliberated upon and then placed before
Joint Secretary (Security), who is the Competent Authority and overall
in-charge of the security in the Parliament House Complex, for his decision.
Taking into account the job responsibilities and description, it was
decided that Petitioner was not medically fit for the post in question, looking
at the rigorous duties inherent in the technical jobs related to Parliament
security.
9. It is argued that the job of the post in question requires physical
fitness of the highest order and Security Assistants are required to physically
move to underground areas also such as the ducts during anti-sabotage
checks. Security of the Parliament requires great degree of alertness and no
compromise can be made with the required physical fitness of security
personnel considering the VVIP movement all day long. There is little doubt
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 5 of 9
that a person suffering from a heart ailment cannot be expected to perform
the onerous duties required for the post besides the fact that the pressure of
job, alertness required etc. would be harmful for Petitioner’s own health.
Petitioner’s reliance on the fitness certificate issued on 09.08.2017 to urge
that the Medical Officer certified him to be medically fit for the job, is
completely misconceived inasmuch as the certificate is a pre-typed format
and the officer has merely filled the name of the Petitioner and the word
‘NIL’ without any indication whether the Petitioner was examined with
respect to his heart ailment before rendering this certificate.
10. Mr. Gupta further contends that Petitioner only has a right to
participate in the selection process but does not acquire any vested right to
seek appointment and moreover, it was well known to the Petitioner that his
candidature was provisionally accepted and was subject to clearing the
medical examination and police verification. On account of his medical
condition, Petitioner’s candidature has been rightly cancelled after due
deliberation and no infirmity can be found with the impugned order. It is
true that medical fitness certificate issued to the Petitioner by the Indian
Army certifies him suitable for civil employment, however, work in the
technical wing of Parliament Security Service is extremely strenuous and
different from any other civil/ministerial assignment. Reliance by the
Petitioner on Disabilities Act is misplaced as the post in question has not
been identified suitable for persons with disabilities keeping in view of the
functional requirements of LSS.
11. Heard learned counsels for the parties and examined their contentions.
12. Petitioner claims appointment to the post of Security Assistant Grade-
II (Technical) in LSS with consequential benefits. The post was advertised
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 6 of 9
by Advertisement No.02/2016 published by LSS in 2016 and is tenable by
Ex-Servicemen. Petitioner cleared the selection process which involved a
personal interview and was placed at serial No.63 in the select panel.
Petitioner was offered appointment, however, owing to medical unfitness his
candidature was cancelled vide the impugned memorandum dated
05.03.2018 on the ground that he would not be able to perform the rigorous
duties inherent in technical jobs related to Parliament security.
13. Learned counsel for the Petitioner has primarily contended that
Petitioner is medically fit for the job and for this reliance is placed on a
medical certificate issued by SMO, Karauli on 09.08.2017; discharge book
from the army; and a certificate from Command hospital, Pune that
Petitioner was fit for civil employment. Before proceeding further to
examine these documents, it would be essential to note that the post in
question is of a Security Assistant in LSS and there can be no doubt that the
duties required to be performed are both onerous and rigorous, requiring
physical and medical fitness of the highest degree and thus LSS had detailed
the ‘Job Responsibility’ in Clause 5 of the advertisement itself, which is
extracted in the earlier part of the judgement.
14. Mr. Gupta has rightly argued that no compromise can be made with
the physical and medical fitness of a security personnel, who is to look after
the security of VVIPs as also manage network security, IBM server, disaster
recovery etc. on a day-to-day basis and monitor all communication
operations as well as handle equipment including explosive detectors,
NLJD, Search Cameras, X-Ray Machines, Bomb Blankets etc. for carrying
out anti-sabotage checks for which one is required to work underground in
the ducts etc. and these onerous duties cannot be performed by a person
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 7 of 9
suffering from a serious heart ailments such as CAD, which would also pose
a risk to Petitioner’s own health.
15. It is also brought forth in the counter affidavit that when it came to
light that Petitioner was suffering from CAD, matter was examined and
deliberated at the highest level and Joint Secretary (Security), who is the
overall in-charge of security in Parliament House Complex was consulted.
He was of the opinion that Petitioner will be unable to perform the rigorous
duties, which the post demanded and only thereafter Petitioner’s candidature
was cancelled. It is a settled law that it is not within the scope and ambit of
the jurisdiction of this Court while exercising powers of judicial review
under Article 226 of the Constitution of India to substitute its view with the
view of a Competent Authority, who is best suited not only to lay down the
job requirements but also to examine if a particular candidate fulfils the
same. The limited interference is where the decision is arbitrary and/or
contrary to any rule or policy or malafide , which is not the case here. The
Competent Authority i.e., Joint Secretary (Security), has taken a conscious
decision that the Petitioner will be unable to perform the onerous duties of a
Security Assistant in the Parliament Complex and Petitioner is unable to
refute the same by any material, which may warrant an interference.
16. Petitioner may have had a case, if he was able to show that the
medical opinion was in his favour. However, Petitioner has failed to cross
this threshold. The fitness certificate issued by SMO, Karauli does not even
remotely suggest that Petitioner is fit to perform the duties of a Security
Assistant in a high security zone such as the Parliament House. In fact, as
rightly pointed out by Mr. Gupta, it does not even reflect any medical
examination for the heart condition and/or a finding that Petitioner suffers
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 8 of 9
from CAD and/or this medical condition will not obstruct performance of
the duties required to be carried out. The certificate is a standard pre-typed
proforma in which the SMO has only filled the name of the Petitioner with
his age and the word ‘NIL’, the connotation of which cannot be understood.
It is no longer res integra that no candidate acquires an indefeasible or
vested right to claim appointment merely by being placed in a merit list or
even by issuance of offer of appointment, which in this case was even
otherwise provisional and subject to medical examination and police
verification. I am unable to agree with the Petitioner that despite an opinion
of the Competent Authority in LSS that Petitioner will not be able to carry
out the security duties on account of his medical ailment, direction be issued
to LSS to appoint him. Reliance on provisions of Disabilities Act is equally
misplaced as the post in question has not been identified as suitable for
persons with disabilities, keeping in view the functional requirements of the
secretariat and even otherwise, it is not the case of the Petitioner that the
vacancy in question was reserved for a PwD candidate.
17. For all the aforesaid reasons, the writ petition cannot be entertained
and is accordingly dismissed, being devoid of merit.
18. Pending application also stands disposed of.
JYOTI SINGH, J
SEPTEMBER 9, 2024/ jg/ DU
Signature Not Verified
Digitally Signed
By:KAMAL KUMAR
Signing Date:30.09.2024
18:49:19
W.P.(C) 6961/2018 Page 9 of 9