Raju Kumar vs Union Of India And Ors
- Court
- Delhi High Court
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision:07 September,2026
# CNR No. DLHC010406362021
+ W.P.(C) 15095/2021 & CM APPL. 47592/2021
RAJU KUMAR (905349-B)
S/O SHRI RAJA RAM SAHU
AGED 34 YEARS
RIO RAJENDRA NAGAR
PO. KOSHI COLLEGE
KHAGARIABIHAR-85l205.
...PETITIONER
Through: Mr. Rakesh Kumar Singh, Mr.
Amrendra Kumar Singh, Ms.
Laxmipriya Nath, Mr. Sonu
Kumar, Advs.
Versus
1. UNION OF INDIA
THROUGH ITS SECRETARY,
MINISTRY OF DEFENCE
GOVERNMENT OF INDIA
SOUTH BLOCK
NEW DELHI-l 10011.
… RESPONDENT NO. 1
2. THE CHIEF OF AIR STAFF
AIR HQ, VAYU BHAWAN
DHQ PO, NEW DELHI.
… RESPONDENT NO. 2
3. AIR OFFICER COMMANDING
AIR FORCE RECORD OFFICE
SUBROTO PARK
NEW DELHI-110010.
… RESPONDENT NO. 3
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
16:34:11
W.P.(C) 15095/2021 Page 1 of 6
4. THE SECRETARY
BIHAR PUBLIC SERVICE COMMISSION
15, JAWAHARLAL NEHRUMARG
BAILEY ROAD
PATNA, BIHAR-800001.
[email protected]
… RESPONDENT NO. 4
5. THE DIRECTOR
DEPTT. OF REVENUE & LAND REFORMS
GOVERNMENT OF BIHAR
OLD SECRETARIATE
BAILEY ROAD
PATNA, BIHAR-800015.
[email protected]
… RESPONDENT NO.5
6. THE JOINT SECRETARY
DEPTT. OF REVENUE & LAND REFORMS
GOVERNMENT OF BIHAR
OLD SECRETARIATE
BAILEY ROAD
PATNA, BlHAR-800015.
[email protected]
… RESPONDENT NO. 6
Through: Mr. Naveen Prakash, Mr. Ved
Vyas Tripathi, Ms. Srishti
Prakash and Mr. Vaibhav
Verma, Advs. for R-4.
Mr Azmat H Amanullah, ASC
with Ms. Ekta Kundu, Adv. for
respondents no. 5 and 6.
Mr. Vivek Goyal CGSC, along
with SGT CP Chandan for
Respondents No. 1 to 3.
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
16:34:11
W.P.(C) 15095/2021 Page 2 of 6
CORAM:
HON’BLE MR. JUSTICE NITIN WASUDEO SAMBRE
HON’BLE MR. JUSTICE AMIT SHARMA
JUDGMENT (ORAL)
NITIN WASUDEO SAMBRE, J.
1. We have heard the learned counsels appearing on behalf of the
parties.
2. The prayer in the present writ petition reads thus:-
“i. Issue a Writ of Certiorari for quashing of the remarks
endorsed by the Assistant Adjutant on 07.09.2021, on to the
application dated 02.09.2021 submitted by the Petitioner which
mentioned that 'the application of the Petitioner is not in order as
per AFO 33/17 and thus not recommended' and of the signal
dated 22.10.2021 and order dated 08.11.2021 whereby the
Respondents have returned/rejected such application of the
Petitioner and of the signal dated 22.12.2021 whereby the
application dated 02.11.2021 preferred by the Petitioner seeking
discharge from service has been rejected by the Respondents in a
cryptic and arbitrary manner; and
ii. Issue a Writ of Mandamus directing the Respondents to issue
NOC and discharge the Petitioner from the post of Sergeant so as
to allow him to join the post for which he has been selected for
i.e. Revenue Officer and also grant the same relief as has been
granted by this Hon'ble Court in catena of judgments on the issue
and affirmed by the Hon'ble Apex Court; and
iii Pass any such orders as the Hon'ble Court may deem fit in
the light of above mentioned facts and circumstances of the
case.”
3. It is the case of the petitioner that there was a failure on the part
of the respondents-Indian Air Force in issuing No Objection
Certificate (hereinafter referred to as “ NOC ”) so as to enable him to
participate in the selection process conducted by the respondent no.4-
Bihar Public Service Commission.
4. It is the case of the petitioner, in the absence of the NOC, he has
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
16:34:11
W.P.(C) 15095/2021 Page 3 of 6
been denied the opportunity of being inducted into public
employment, which is contrary to the constitutional mandate as
provided under Articles 15 and 16 of the Constitution of India.
5. As against the above, the learned counsel appearing for
respondents no.1 to 3 states that the petitioner stood superannuated on
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30 September, 2025, and that an NOC was issued to the petitioner on
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7 October, 2024, i.e., almost a year prior to his superannuation, so as
to enable him to enroll himself for opportunity of public employment.
6. It is further urged by the counsel for the respondents-Indian Air
Force that the NOC was not granted to the petitioner on earlier
th nd
occasions i.e., on 07 September, 2021, vide signal dated 22 October
th nd
2021, vide order dated 08 November, 2021 and vide signal dated 22
December, 2021, having regard to the Policy of the respondents.
7. It is submitted by the counsel for the respondents-Indian Air
Force that the NOC has subsequently been issued to the petitioner on
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07 October, 2024.
8. The learned counsel appearing for the respondents-State of
Bihar (respondent no. 4 to 6) states that vide the Departmental Order
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dated 06 January, 2023, the petitioner was informed that as per the
Selection Rules, his candidature was cancelled. It is urged that such
cancellation of candidature has not been challenged/assailed in the
present petition and that being so, the petitioner cannot claim, at this
stage, any right to employment with the respondents-State of Bihar,
particularly, having regard to the limited claim put forth in the
petition.
9. While countering the aforesaid, it is the case of the counsel for
the petitioner that the respondents-State of Bihar, in their pleadings
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
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W.P.(C) 15095/2021 Page 4 of 6
have stated that as per the extant rules, a panel of officers
recommended for appointment by the BPSC remains valid only for a
period of one year, however, the respondent-BPSC has conducted
themselves in a discriminatory manner by granting benefits to certain
candidates who were selected in the same batch as that of the
petitioner and were permitted to join even post the expiry of one year.
10. The aforesaid contention is disputed by the counsel for the
respondents-State of Bihar.
11. Be that as it may, the present writ petition remains pending
from the last, almost, 05 years. There is no interim order(s) operating
in favour of the petitioner directing the respondents-State of Bihar to
keep any seat vacant.
12. It is informed by the learned counsel appearing for the
respondents-State of Bihar that against the selection process in which
the petitioner participated, all the seats have been filled as per the
Selection Rules. It is stated that subsequent thereto, further rounds of
selection process have been conducted in subsequent years, and as
such it is urged that the right of the petitioner qua the post-in-question
stands extinguished.
13. It is also brought to our notice that the petitioner stood
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superannuated on 30 September, 2025 and he was issued the NOC
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on 07 October, 2024, i.e ., a year prior to his superannuation in view
of the existing policy.
14. In our opinion, the conduct of the petitioner, having not
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assailed/questioned the decision dated 06 January, 2023 of the
respondents-State of Bihar whereby the candidature of the petitioner
was informed to be cancelled due to his failure to provide the NOC
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
16:34:11
W.P.(C) 15095/2021 Page 5 of 6
within the stipulated time, prompts us to not exercise the
extraordinary jurisdiction at this stage of the proceedings for the
following reasons:
(a) The decision taken by the respondents-State of Bihar qua the
cancellation of the candidature of the petitioner has not been
challenged.
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(b) That the petitioner stood superannuated on 30 September,
2025.
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(c) That the petitioner was granted a blanket NOC on 07 October,
2024 by the respondents-Indian Air Force Authority, so as to
enable him to participate or opt for public employment.
15. In the aforesaid backdrop, even if the claim of the petitioner is
taken for consideration at this stage, it is difficult to infer that the
adjudication of the claim against the respondents- Indian Air Force, in
the matter of failure of grant of NOC, can be entertained, particularly,
when there exists no vacancy with the respondents-State of Bihar qua
the claim put forth by the petitioner.
16. That being so, the present petition stands dismissed.
17. Pending application, also, stands disposed of.
NITIN WASUDEO SAMBRE
(JUDGE)
AMIT SHARMA
(JUDGE)
SEPTEMBER 7, 2026/ sky/gs
Signature Not Verified
Signed By:PRERNA
RAWAT
Signing Date:09.09.2026
16:34:11
W.P.(C) 15095/2021 Page 6 of 6