Inspector Sanjeev Kumar And Ors vs Union Of India And Ors
- Court
- Delhi High Court
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Reserved on: 8 September, 2026
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Pronounced on: 15 October, 2026
# CNR No. DLHC010885102025
+ W.P.(C) 17103/2025
1. SH. SANJEEV KUMAR, INSPECTOR, F. NO. 150420911,
( AGED ABOUT 34 YEARS YEARS),
S/O SH. HARDWARI LAL, R/O VILL & PO – DUBLANA,
DISTT – MAHENDERGARH (HARYANA) – 123001
PRESENTLY POSTED AT 8TH BN NDRF,
GHAZIABAD (U.P.)
...PETITIONER NO. 1
2. MS. RAGNI NEGI, INSPECTOR, F.NO. 190010034,
(AGED ABOUT 30 YEARS),
W/O SH. DISHANK PHARASI,
ST
PRESENTLY SERVING AT 1 BN ITBP, JOSHIMATH
...PETITIONER NO. 2
3. MS. SUMAN PANWAR, INSPECTOR, F. NO. 160030181
(AGED ABOUT 33 YEARS),
W/O SH. AMIT SINGH,
rd
PRESENTLY SERVING AT 23 BN, ITBP
...PETITIONER NO. 3
Through: Mr. M.D. Jangra and
Mr. Deepak Kumar,
Advocates.
Versus
1. UNION OF INDIA THROUGH ITS SECRETARY,
MINSTRY OF HOME AFFAIRS,
GOVT. OF INDIA, NORTH BLOCK,
NEW DELHI-110001
[email protected]
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...RESPONDENT NO. 1
2. UNION OF INDIA THORUGH ITS
THE DIRECTOR GENERAL,
CENTRAL RESERVE POLICE FORCE,
GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS,
EAST BLOCK-07, LEVEL-04, SECTOR-1,
R.K. PURAM, NEW DELHI– 110066
[email protected]
...RESPONDENT NO. 2
3. UNION OF INDIA THROUGH ITS
THE DY. INSPECTOR GENERAL (RECTT),
GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS,
RECRUITMENT DTE, CRPF, EAST BLOCK-VII, LEVEL-IV,
R.K. PURAM, SECTOR-1,
NEW DELHI-110066
[email protected]
...RESPONDENT NO. 3
4. UNION OF INDIA THROUGH ITS
THE DIRECTOR GENERAL,
INDO-TIBETAN BORDER POLICE,
GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS,
ITBP HEADQUARTERS, CGO COMPLEX,
LODHI ROAD, NEW DELHI– 110003
[email protected]
...RESPONDENT NO. 4
Through: Mr. Jivesh Kumar
Tiwari, CGSC with Ms.
Nandini Aggarwal, Ms.
Samiksha, Advocate
with Deputy JAG Mr.
Devender Singh, ITBP,
Mr. Vinod Sawant, Mr.
Ajay Pal, CRPF Law
Officers and Ins.
Athurv, CRPF.
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CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE AMIT SHARMA
JUDGMENT
AMIT SHARMA, J.
1. The present petition under Articles 226/227 of the Constitution
of India, 1950, seeks the following prayers: -
“(a) to quash and set aside impugned order No. 1-
14013/01/2025/Per-40829-30 dated 06.10.2025 ( Annexure P-
1 ) violative of Administrative Manual Chapter VIII
(Recruitment & Appointments) regarding Forecast of Number
of Vacancies (Section 180) with respect to enhancement of 25
number of vacancies for Asst. Comdt.(GD) LDCE for the year
2025 with all consequential benefits.
(b) to declare the impugned action of the respondents in
rejecting the claim of the petitioners regarding enhancement of
number of vacancies for the post of Asst. Comdt. (GD) LDCE
for the year 2025 as illegal, arbitrary, mechanical and
unjustified and further issue appropriate writ / orders /
directions to the respondents to enhance 25 posts of Asst.
Comdt. (GD) LDCE for the year 2025 as per Section 180 of
Adm Manual, Chapter III (Recruitment & Appointment).”
2. Relevant facts necessary for the adjudication of the present
petition, as stated by the petitioners, are as under: -
a) On 13.02.2025, the respondents issued an even dated
advertisement No. A.VI- 1/2025-Rectt-AC/GD (LDCE) for
selection to the post of Assistant Commandant (for short, ‘Asst.
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Comdt.’) Asst. Comdt. (GD) in CAPFs through Limited
Departmental Competitive Examination (LDCE) for the
vacancy years – 2024 & 2025 combined. The petitioners, who
were meeting the eligibility criteria as prescribed therein filled
up their proforma/application, which were recommended and
forwarded for further participation. It is pertinent to note here
that vide this advertisement applications were invited from
serving Sub-Inspectors and Inspectors for the post of Asst.
Comdt. (GD) in the Border Security Force, Central Reserved
Police Force, Indo-Tibetan Border Police Force, and Sashastra
Seema Bal, and the petitioners in the present petition before this
Court are employed with Indo-Tibetan Border Police Force
represented through Respondent No.4-DG, ITBP.
b) Since the petitioners were meeting the eligibility criteria as
prescribed in the aforesaid advertisement for the post of Asst.
Comdt. (GD), they were permitted to participate in the selection
process in their respective category, and they appeared in
written examination held on 08.06.2025.
c) The respondent no. 3 issued corrigendum to the aforesaid
advertisement dated 13.02.2025 vide No. A.VII/ 2025-Rectt
(AC/GD-LDCE) dated 11.06.2025 circulated vide No. 2364
dated 11.06.2025 wherein, it was stated that, as per approval of
Ministry of Home Affairs (MHA) the number of vacancies of
AC(GD) LDCE of ITBPF for the year 2024 was increased from
04 to 16, meaning thereby, that the respondents increased the
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number of vacancies mid-way of the selection process , i.e., the
selection process was going on while this corrigendum was
issued.
d) On 05.03.2025, Union Public Service Commission (UPSC)
issued examination notice No. 09/2025-CAPF of the even date
for inviting application for Central Armed Police Forces
(Assistant Commandants) Examination, 2025, for direct
recruitment by declaring the tentative examination number of
vacancies to be filled on the result of the examination as
follows: -
(i) BSF 24
(ii) CRPF 204
(iii) CISF 92
(iv) ITBP 04
(v) SSB 33
TOTAL 357
It is clear from the aforesaid UPSC advertisement dated
05.03.2025 that the total number of vacancies for direct
recruitment for the post of Asst. Comdt. (GD) in ITBPF were
four (04) in number.
e) While the aforesaid process of selection process for direct
recruitment of the Asst. Comdt. (GD) for CAPFs initiated by
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the UPSC was continuing, and in process, the UPSC issued
another notice No.11/01/2025-E. I (B) dated 07.08.2025 stating
that Ministry of Home Affairs (MHA) vide its letter dated
23.07.2025 has conveyed the revised firm vacancies (432) to be
filled through CAPF (ACs) Examination, 2025.
f) It is further pleaded that the respondents issued office order No.
1-47011/5/2025/ Personnel/38383-482 dated 10.09.2025, which
stipulates about filling up the posts of Gazetted Officers in the
respondent No.4/department , i.e., ITBPF, which clearly provide
that total number of sanctioned posts of Asst. Comdt. (GD) are
715, and out of said sanctioned posts- 128 + 83 = 211, total
percentage 29.5%, are earmarked with remarks as, “On
promotion of 83 AC (GD) to the rank of DC (GD), there will be
total 211 vacancies (128+83) in the rank of AC(GD), and these
vacancies are meant for Direct recruitment/LDCE quota and
will take considerable time (at least 02 years) for filling up the
vacancies through Direct recruitment/LDCE”.
g) While the aforesaid selection processes were going on, and
there were vacancies, the petitioners made a representation
dated 17.09.2025 to the respondents, with respect to the
aforesaid fact and also increase in number of vacancies in the
direct recruitment, thereby requesting increase of the number of
vacancies in the LDCE examination for the year 2025. It was
further stated that, as per ‘Administrative Manual’ Chapter VIII
(Recruitment & Appointment) Section 172, out of the total
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number of vacancies for the post of Asst. Comdt./GD 50% will
be filled by direct recruitment, 33% by promotion and 17% by
LDCE. It was the case of the petitioners that respondents
themselves increased the number of vacancies from 04 to 16 for
the year 2024 for the LDCE quota; however, they did not
increase number of vacancies, when there was a corresponding
increase in the number of vacancies to be filled through CAPF
(ACs) Examination-2025, conducted by UPSC by way of direct
recruitment for the post of Asst. Comdt. (GD). In such
eventuality, the petitioners requested, vide the said
representation dated 17.09.2025 through proper channel,
respondents to increase the vacancies for the year 2025 for the
LDCE quota in the same proportion as envisaged in the
‘Administration Manual’ which was under process from 02 to
26.86 for the year 2025 as well as correctly calculating for the
year 2024 from 16 to 22.78 thereby, making the total number of
vacancies for the year 2024 and 2025 as 22.78 + 26.86 = 49.64
rounded off to 50 total.
h) In the meantime, the respondents (ITBPF) issued its promotion
order No. I-19013/09/2024/Per-40552-651 dated 30.09.2025 for
the post of Dy. Comdt. (GD) from Asst. Comdt. (GD), which
included direct recruits as well as LDCE candidates. In the
aforesaid promotion list, the petitioners have sought to
demonstrate that there were total 21 Asst. Comdt. (GD) LDCE
officers promoted to the post of Deputy Comdt. (GD) apart
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from direct recruits, and the same could also be seen from the
seniority list of the respondents issued as on 01.01.2025.
i) The respondents vide impugned order No. 1-
14013/01/2025/Per-40829-30 dated 06.10.2025 rejected the
claim of the petitioners in arbitrary and mechanical manner
without considering the contentions raised by the petitioners in
their representations by stating therein that, as per rules of Asst.
Comdt. (GD), the total number of posts in the selection process
are based on different post based roaster, which was not the
basis of their representation rather the petitioners raised the
contentions regarding the total number of vacancies in
respondents department (ITBPF) for the post of Asst. Comdt.
(GD), which are going to have effect on this selection process,
and in the impugned order dated 06.10.2025, it was further
stated that no difference has been recorded in the vacancies for
the year 2024 and 2025. It is, however, the case of the
petitioners that, as per factual calculation, 25 additional
vacancies have arisen in the year 2025.
SUBMISSIONS ON BEHALF OF THE PETITIONERS
3. It was the case of the petitioners, initially, that since the direct
recruitment vacancies for the post of Assistant Commandant (GD) in
the ITBP were increased from 4 to 79, the number of vacancies for
LDCE were also liable to be proportionally increased. It was pointed
out that, as per Chapter VIII-Recruitments & Appointments of manual
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of UPSC, out of the total vacancies, 50% were to be filled by direct
recruitment, 33% by promotion and 17% by LDCE. Therefore, it was
argued that, the vacancies of Assistant Commandant (GD) of LDCE
quota were added to the direct recruitment quota.
4. Subsequently, during the course of hearing, learned counsel for
the petitioners had submitted that, during the ongoing process of
recruitment for the years 2024 & 2025, 21 posts of the LDCE
category became vacant, and the same ought to have been offered to
the candidates appearing for the aforesaid examination for the
recruitment years 2024 & 2025. It is the submission of learned
counsel for the petitioners that respondents had increased vacancy
from 4 to 79 posts during ongoing process of recruitment in the direct
recruitment category for the examination for the year 2025 conducted
by UPSC.
5. Learned counsel for the petitioners pointed out that initially the
advertisement by the UPSC for direct recruitment, published on
05.03.2025, was with respect to 4 vacancies only. Thereafter, vide
communication dated 13.05.2025 the vacancies for the direct
recruitment were increased from 4 to 7, and finally, vide
communication dated 11.07.2025, the vacancies were increased to 79.
This was on account of posts getting vacant on account of promotions
and other reasons with the ITBP, and therefore, the same was
communicated to UPSC for increasing the vacancies for the
recruitment year 2025 in the category of direct recruitment for which
process was still ongoing. Correspondingly, it is submitted that the
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posts which got vacant in the category of LDCE should also have
been added to the vacancies for the recruitment in LDCE category for
the year 2025 which was conducted by CRPF/Respondent No.2 as a
Nodal Agency. It was submitted that total 21 posts (in proportion to
the share of LDCE out of total increase of vacancies to 79) became
vacant during the selection process in the LDCE category which ought
to have been offered to the candidates appearing for the recruitment
year 2025 in the said category. It was, thus, argued that by not
offering such posts which fell vacant during the selection process, the
respondents have discriminated, and arbitrarily not offered the said
vacancies to the candidates appearing for the years 2024 & 2025
recruitment examination in the category of LDCE.
SUBMISSIONS ON BEHALF OF THE RESPONDENTS
6. Per contra , learned Central Government Standing Counsel
(CGSC) appearing on behalf of the respondents had submitted that the
present petition was filed claiming addition of the vacancies of
Assistant Commandant (GD) in LDCE quota to direct recruitment
quota, and same is factually incorrect. Insofar as the vacancies arising
during the selection process for the LDCE category is concerned, it
was submitted that since the process for Assistant Commandant (GD)
examination for the said category for the years 2024 and 2025 had
already completed in the midst of the year 2025, the vacancies arising
after the promotion orders issued on 30.09.2025 could not be included
in the said recruitment process. In the short affidavit filed on behalf of
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the respondents dated 08.08.2026 with respect to the aforesaid issue, it
is stated as under: -
“VI. That it is submitted that the factual position is as under:-
1. MHA vide ID dated 08.01.2025 enquired vacancies for AC
(GD) LDCE-2024 and 2025.
2. Accordingly, ITBP vide ID No. 15 dated 22.01.2025
intimated MHA that 04 vacancies are already available for
2024 and 12 vacancies caused due to creation of deputation
reserve will also be available for the year 2024 subject to
approval of MHA for filling up the vacancies of deputation
reserve. Copy of ID Note dated 22.01.2025 was also endorsed
to Nodal Agency CRPF and Rectt. Cell ITBP.
3. Subsequently, MHA vide ID dated 28.05.2025 conveyed
approval in reference to ITBP ID No. 15 dated 22.01.2025.
Accordingly, vide Personnel branch dte ITBP ION NO. 24524
dated 30.05.2025 total 16 vacancies (4 + 12) were
communicated to Rectt. Cell ITBP. In turn Rectt. Cell ITBP
vide letter No. 2178 dated 04.06.2025 conveyed these
vacancies to CRPF.
4. Thus this is apparent that the initial vacancies for the year
2024 were 16 (4 +12) in which 12 vacancies were subject to
approval of MHA and finally only 16 vacancies for 2024 were
communicated. Thus, the question of adding vacancies does not
arise.
*
VIII. That it is submitted that Paragraph 5(1) of the DoP&T
Office Memorandum dated 03.1 1.2023 provides that
Ministries/Departments may re-confirm the number of
vacancies to the recruiting agencies well before
finalisation/declaration of the result. After such re-confirmation
of vacancies by the Ministries/Departments, it is their
responsibility to accommodate the candidates selected against
such vacant posts. The vacancies finally intimated by the User
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Ministries/Departments cannot be changed or varied after the
result of the examination has been declared.
IX. That it is respectfully submitted that since the process for
the Assistant Commandant (GD) (LDCE) examination was
already completed in 2025 and the matter is currently under
consideration in MHA for approval, therefore, vacancies
arising after the promotion order issued on 30.09.2025 cannot
be included, nor were they included in Direct Entry or
Promotion quota.
X. That it is further submitted that the final/firm vacancies of
Assistant Commandant (GD) LDCE quota for the Assistant
Commandant (GD) LDCE-2025 examination were intimated to
the Nodal Agency, namely CRPF, vide ITBP U.O. No. 15
dated 22.01.2025.
XI. That the vacancies on account of promotion of Assistant
Commandant (GD) of the LDCE quota to the post of Deputy
Commandant (GD) only arose during September to October,
2025 after assumption of charge by the promoted officers, by
that time, the written examination and interview for Assistant
Commandant (GD) LDCE Examination, 2024 and 2025 had
already been completed.
XII. That it is pertinent to mention that 21 vacancies for the
post of Assistant Commandant (GD) (LDCE) become available
only after September 2025 during the months of Sep/Oct 2025,
when charge of promoted post was taken over by the AC (GD)
who were promoted as DC (GD). However, till then the
recruitment formalities, i.e., written test and interview were
already completed. Further change in vacancy if any was not
asked by the Nodal Agency conducting recruitment therefore,
the vacancies arose after issuance of promotion order on
30.09.2025 (Annexure P-10) were not communicated.
XIII. That it is further submitted that since the process for the
Assistant Commandant (GD) (LDCE) examination was already
completed in 2025 and the matter is currently under
consideration in MHA for approval, therefore, vacancies
arising after the promotion order issued on 30.09.2025 cannot
be included, nor were they included in Direct Entry or
Promotion quota.”
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7. The thrust of submission made on behalf of the respondents in
not offering the increased , i.e., 21 posts/vacancies, to the LDCE
category for the examination for the recruitment years 2024 & 2025 is
that, the examination to the said category had already taken place on
08.06.2025, and therefore, the posts which became vacant, thereafter,
could not be offered to the candidates appearing in the said
examination. Reliance has been placed on an Office Memorandum
being OM No. 39020/07/2023-PP.(B) issued by DoPT dated
03.11.2023, in support of this contention, and in particular, on the
following portion thereof: -
“5. In view of the above, all Ministries/Departments may
take note of the following:
i. Ministries/Departments may re-confirm the number of
vacancies to recruiting agencies well before
finalization/declaration of result by them. After re-confirmation
of vacancies by Ministries/Departments, it would be their
responsibility to accommodate the candidates selected against
such vacant posts. Vacancies finally intimated by the User
Ministries/Department cannot be changed/varied after the result
of the examination has been declared.
ii. Ministries/Departments are equally responsible for
implementation of directions/Orders of Courts. As such, they
may extend full cooperation to recruiting agencies while
implementing court directions. Ministries/ Departments may
accommodate the nominated candidates based on Court Orders
against the available/future vacancies, as per their Roster,
instead of returning the dossier to the Recruiting agency on the
plea of non availability of vacancy, etc. to avoid any further
litigation.
iii. In case a Ministry/Department/ Organization is wound up,
reorganized, or transferred under the administrative control of
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another Ministry/Department/Organization, its
successor/administrative Ministry/ Department may accept the
dossiers. In case, the entire hierarchy of organizations upto the
Ministry level is wound up, the Ministry/Department to which
its work has been transferred may accept the dossiers. Further,
the Departments/ Organizations, which are proposed to be
wound up in near future, should abstain from reporting
vacancies for future examination(s).”
Analysis and Findings
8. It is pertinent to note here that, during the course of hearing, on
11.08.2026, this Court had passed the following order: -
“1. During the course of the hearing, a specific query was put to
the learned counsel for the respondents as to the actual date of
creation of vacancies for 79 posts, which had been
subsequently notified by the UPSC vide communication dated
th
7 August, 2025 to be filled through Central Armed Police
Forces (Assistant Commandants) Examination 2025, i.e., by
way of direct recruitment. Learned counsel for the respondents
seeks time to take appropriate instructions in this regard.
th
2. List on 14 August, 2026.
3. In the meantime, let written submissions be placed on record
by both the parties before the next date of hearing.”
9. In pursuance of aforesaid, learned CGSC appearing on behalf of
the respondents, on instructions, had stated that the increase to 79
vacancies for the services of ITBPF, which were added in the direct
recruitment process for the year 2025, was in consonance and
compliance with the directions contained in order dated 30.04.2025
passed by learned Coordinate Bench of this Court, whereby a
direction was given for revision of seniority of Assistant Commandant
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(GD). Subsequently, an affidavit was sought from respondents on this
issue. An additional affidavit dated 31.08.2026 has been placed on
record by the respondents in this regard. A perusal of the affidavit
would reflect that the exact date of increase to 79 total number of
vacancies in the direct recruitment process conducted by UPSC by
way of CAPF (Asst. Comdt.) Examination, 2025, is demonstrated as
02.09.2025, when the DPC for the same was convened. The relevant
portion of the said affidavit read as under: -
“7. At the outset, and in response to the specific queries raised
by this Hon’ble Court, it is respectfully submitted that the
vacancies vis-à-vis the revised/firm vacancy position are
intimated to the concerned Nodal Agency as and when
requisitioned.
8. In the case of AC (GD) Direct Entry conducted by UPSC,
the revised vacancy position was communicated through ITBP
ION No. 29391 dated 11.07.2025, in reference to the Nodal
Agency’s ION No. 2380 dated 03.07.2025.
9. However, in the case of AC (GD) LDCE, the Nodal Agency
is CRPF and, after the initial intimation of vacancies, no
revised vacancy position arising out of proposed DPC was
sought/ communicated by the Nodal Agency as the written
examination of AC (GD) LDCE was already held on
08.06.2025 and recruitment process was already started.
However, in the case of AC (GD) Direct Recruitment, UPS
revised the vacancies prior to conducting their examination.
Consequently, the revised vacancies for AC (GD) LDCE- 2025
were not intimated to CRPF.
It is submitted that by the time DPC was convened, the whole
process of the AC (GD) LDCE was over including Written
Examination and Interview.
10. In terms of Para 5 (1) of DoP&T OM dated 3.11.2023,
"Ministries/ Departments may re-consider the number of
vacancies to recruiting agencies well before finalisation/
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declaration of result by them...". Therefore, ITBP cannot offer
any comments with regard to inclusion of 20 vacancies.
However, out of 21 AC (GD) (LDCE) approved for promotion,
01has not assumed charge of DC (GD) due to low medical
category, therefore, 20 vacancies are arising due to promotion
during 2025.
11. The distinction is borne out from the record. In Direct
Recruitment, the vacancy position was progressively revised
pursuant to successive requisitions made by UPSC. Thus, 04
vacancies were initially conveyed to the Nodal Agency on
03.01.2025, an additional 03 vacancies were conveyed on
14.05.2025, and thereafter 72 vacancies were communicated on
11.07.2025 pursuant to UPS's requisition dated 03.07.2025,
taking the total Direct Recruitment vacancies to 79. The said
revision was therefore made in the course of the Direct
Recruitment process pursuant to the requisitions received from
UPS and cannot be treated as a revision of the separately
communicated LDCE vacancies.
*
17. In answer to the specific query of this Hon'ble Court, that
when did the 79 vacancies arose. It is submitted that the DPC
for promotion of AC (GD) to DC (GD) was convened on
02.09.2025, and the process for this was started from
08.07.2025, after receipt approval of MHA for implementation
of Hon'ble High Court's order dated 30.04.2025, for revision of
seniority of AC (GD). On issuance of revised seniority list of
AC (GD) and receipt of data, calculation of vacancies for
Direct Entry quota for CAPF (AC) Exam-2025 was made and
vacancies were intimated.
18. In substance, the distinction is simple:
(i) in LDCE-2024, the additional 12 vacancies had already been
identified on 22.01.2025 and were awaiting MHA approval,
which was granted before the examination, resulting in 16
vacancies being communicated to CRPF;
(ii) in Direct Recruitment-2025, the vacancy figure was
progressively revised pursuant to UPSC requisitions, ultimately
reaching 79, including anticipated promotional vacancies; and
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(iii) the vacancies now relied upon by the Petitioners for
LDCE-2025 arose only subsequently, after the relevant stages
of the LDCE process, and therefore cannot be retrospectively
added to the examination.”
10. During the course of hearing on a pointed query by this Court
to learned CGSC appearing for the respondents as to whether there is
any Office Memorandum (OM)/Statutory Rule which provides that
the concerned department would apprise the recruiting agencies of the
vacancies only on their requisition, it was submitted that there was
none.
11. In fact, a perusal of the aforesaid OM dated 03.11.2023 would
reflect that it is the duty of the concerned department to re-confirm the
number of vacancies to the recruiting agencies before
finalization/declaration of results by them. It is further noted that
increase or decrease in number of vacancies during an ongoing
selection process is an accepted norm, and in fact, the advertisement
by the respondents for the present recruitment through LDCE
category at ‘Note (i) to Clause 2-Vacancies’ stipulates that,
“Vacancies mentioned above are subject to change (May increase or
decrease at any stage)”.
12. Further, the selection process as prescribed in the said
advertisement further reads as under: -
“6. The selection process : The selection process will be
as under:
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6.1 Written Examination : There will be three papers in
written test, as per details given below:
i) Paper-I [Intelligence Test and General knowledge).
(Time 2 hours - 100 Marks & 100 Questions)
This will include General Awareness, General
Intelligence, Reasoning, Numerical Ability, Current
Events, Matters of every day observation and experience.
This paper would be objective type (Multiple choice
question & bilingual i.e. English and Hindi).
ii) Paper-II (Professional Skill)
(Time 2 hours- 100 Marks & 100 Questions)
This will be designed to test professional. skills of the
candidate in relation' to operational and administrative
requirement of the Force of which he/she is a member.
This paper would be objective type (Multiple choice
question & bilingual i.e. English and Hindi).
iii) Paper-III (Essay, Precis Writing and
Comprehension)
(Time 2 hours - 100 Marks )
The medium of writing of essay shall be opted by the
candidate as Hindi or English. However, medium of
writing precis and comprehension will be English only.
Note : Qualifying marks will be 45% in each paper and
50% in aggregate. However, qualifying marks for SC/ST
candidates will be 40% in each paper and 45% in
aggregate.
iv) Admission for the written examination will be purely
on production of call letter issued to the eligible
candidates by the Nodal Force and Force identity Card of
the candidates. Since, this examination is purely for
CAPF personnel, all candidates shall be in proper
uniform.
6.2 Physical Standard Test (PST) & Physical
Efficiency Test (PET):
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(I) The candidates who qualify in paper-I & II of written
examination will only be called for Physical Standard
Test & Physical Efficiency Test at place specified by the
Nodal Force by constituting a Board of Officers. The
Physical Standard Test (PST) will be conducted as per'
standards prescribed for direct recruitment of Assistant
Commandant(GD) in CAPFs. Physical Efficiency 'rest
shall comprise of the f61Iowing components which will
be qualifying in nature but failure even in one event will
amount to disqualification:
a. Male Candidate : (i) 100 meters race to be completed
in 16 seconds.
(ii) 800 meters race to be completed in 03-minutes 45
seconds. (iii) Long Jump 3.50 mtrs (Three chances will
be given)
(iv) Shot Put (7 .26 Kgs.) 4.50 mtrs. (Three chances will
be given)
b. Female Candidates :
(i) 100 meters race to be completed in 18 seconds.
(ii) 800 meters race tG se completed in 04 minutes 45
seconds. (iii) Long Jump 3.00 mtrs (Three chances will
be given)
As per MHA ID No.45020/05/2021-PP/ 897 dated
31/08/2022, on reporting of female candidates for PST
(Physical Standard Test)/PET [Physical Efficiency Test),
a self declaration indicating about her pregnancy status
shall be submitted. She may be allowed to participate in
the' PST/PET only if she declares that she is not
pregnant. In case of false declaration, all the risk for
undergoing PST /PET will be of her own. If the female
candidate declares that "she is pregnant" before PST
/PET, then a confirmatory pregnancy test will be done
and in case she is found to be pregnant, • irrespective of
duration of pregnancy, she may be declared temporary
unfit and her appointment shall be held in abeyance till
the confinement is over. One vacancy should be kept
reserved for her' in case she makes in the final merit list .
She should be reexamined for PST/PET six weeks after
the date of confinement, subject to the production of the
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medical certificate of fitness from a registered medical
practitioner. If she is found fit and finds place in the
merit list, she may be appointed to the post kept reserved
for and allow the benefit of seniority in accordance with
the instructions of the Government, as amended from
time to time. In case female candidates is found negative
for pregnancy, she may be allowed to participate in the
PST /PET and other subsequent processes.
(II) One officer of the rank of DIG will be nominated as
Appellate Authority at PST/PET venue to dispose off
PST/PET appeals, if any, of candidates on the same day.
6.3 Interview and personality Test :
The Candidates who qualify written examination by
securing required aggregate percentage of marks in
Paper-I, II & III, as well as qualify Physical 'standard
Test and Physical Efficiency Test would be called for
interview by the Nodal Force. The Interview will carry
100 marks and the break- up of marks will be as under:-
”
13. As noted hereinabove, the primary reason assigned by the
respondents for not adding the vacancies which fell vacant during
ongoing recruitment process in the LDCE category was that the
written examination had already been conducted on 8th June, 2025,
and the vacancies arose on 30th September, 2025. It is pertinent to
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note that the posts which were crystalized by the promotions on 30th
September, 2025 were, in fact, had been identified on 2nd September,
2025 when the DPC was convened. It is the admitted case of the
respondents that said DPC which was convened on 2nd September,
2025, was for the vacancies in both the categories , i.e., direct
recruitment and LDCE. It is also admitted case of the respondents that
79 vacancies were intimated to the UPSC well before the DPC was
convened , i.e., on 11th July, 2025. This was for the reason that the
DPC process had started with respect to all the vacancies/posts for
direct recruitment/LDCE on 8th July, 2025.
14. As per the selection process noted hereinbefore, the written
examination with regard to recruitment process in the LDCE category
was conducted on 8th June, 2025, and results of qualified candidates
in Paper-I and Paper II was declared on 23rd June, 2025. As per the
procedure prescribed in the subject advertisement, the persons
qualifying in Paper-I and Paper-II will be called for Physical Standard
Test (PST), and Physical Efficiency Test (PET) and would have to
undergo a physical test, and thereafter, the candidates who qualify
written examination by securing required aggregate percentage of
marks in Paper-I, II, III, as well as qualify PST and PET would be
called for interview by the Nodal Force. The result of physical test for
LDCE-2024 and 2025 was declared on 28th July, 2025, and the result
of the Paper-III was declared on 7th August, 2025, and thereafter, the
interviews were held from 25.08.2025 to 15.10.2025. The list of dates
with respect to the AC (GD) LDCE for the years 2024 and 2025 as per
the respondents’ affidavit dated 07.09.2026 reads as under: -
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EVENT DATE
CRPF (nodal agency) requested CAPF to
13.01.2025
intimate category wise vacancies
(ANNEXURE R5 of the
Counter Affidavit)
ITBP intimated CRPF about the actual
22.01.2025 (ANNEXURE
vacancies
R6 of the Counter Affidavit)
(LDCE) 2024: 04 (UR- 02, SC-01, ST-01)
(LDCE) 2025: 02 (UR-01, SC-01)
ITBP sent proposal to MHA for
22.01.2025
deputation reserve vacancies for vacancy
year 2024
Advertisement for AC (GD) LDCE
February, 2025
2024 & 2025
Last date to apply in physical form
25.03.2025
MHA approval on vacancies arising of
28.05.2025
deputation reserve (12 vacancies)
(ANNEXURE R7 of the
Counter Affidavit)
Revised vacancies communicated by
30.05.2025
ITBP to CRPF
Total vacancies- 16
(UR- 12, SC-02, ST-02)
(ANNEXURE R8 of the
Counter Affidavit)
Witten Examination (Paper I, II and
08.06.2025
III) conducted on
Result of Paper 1 and II declared on 23.06.2025 (as per the
Standard Operating
Procedure (SOP) issued
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W.P.(C)-17103/2025 Page 22 of 31
vide MHA’s ID No.
45013/01/2009-Pers-I
dated 01.07.2014)
Physical Standard Test/Physical
07.07.2025 to 21.07.2025
Efficiency Test (PST/PET) of the
candidates who qualified in Paper I and II
conducted w.e.f.
Result of above declared on
28.07.2025
Result of Paper III declared on 07.08.2025
In compliance with the Hon’ble Court’s
11.08.2025
Order dated 29.07.2025 in W.P.(C)
11024/2025, W.P.(C) No. 11042/2025,
W.P.(C) No. 11045/2025 and W.P.(C)
No. 11088/2025; and order dated
08.08.2025 in W.P.(C) No. 11982/2025,
PST/PET of 06 ST category candidates
who were declared UNFIT in PST due to
less in height was held on
Result of above was declared on
12.08.2025
In compliance with the Hon'ble Court's
06.10.2025
Order 16.09.2025 in W.P. (C) No.
14293/2025, PST/ PET of 03 candidates
who were declared UNFIT in PST due to
less in height was held on
Result of above was declared on
09.10.2025
Interview & Personality test of
25.08.2025 to 08.09.2025,
candidates who qualified in PST/PET
15.09.2025 to 17.09.2025
and those who qualified in Paper III
and on 15.10.2025
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W.P.(C)-17103/2025 Page 23 of 31
was conducted w.e.f.
Vacancies arose after Promotion
30.09.2025
(arising out of DPC conducted after
Hon'ble High Court's order dated
30.04.2025)
Detailed Medical Examination (DME)/
08.10.2025 to 21.10.2025
Review Medical Examination (RME) of
successful candidates of Interview &
Personality Test were conducted by the
detailed DME Boards/ RME Boards w.e.f.
Details of procedure followed before
• After completion of
declaration of Final Result
DME/RME, Force Merit
List of successful candidates
was drawn by Nodal Force
(CRPF).
• Proposal was sent to MHA
on 06.01.2026 for approval
on declaration of result.
• Proposal returned by MHA
vide ID No. 3401
3/17/20241Pers-I (3727202)
on 28.01.2026 with certain
observations.
• After obtaining necessary
clarifications from BSF,
SSB HQs and Pers. Dte.
(CRPF), proposal was re-
submitted to MHA on
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19.05.2026.
• MHA vide ID No.
45013/17/2024-Pers-I dated
18.06.2026 conveyed
approval for declaration of
result.
Declaration of Result • Result of LDCE 2024 was
declared on 22.07.2026
• Result of LDCE 2025 was
declared on 03.08.2026
(emphasis supplied)
15. Thus, the recruitment process with respect to the LDCE
category was ongoing, when the DPC process was started on 8th July,
2025, for all the vacancies/posts with respect to LDCE category as
well as direct recruitment. Admittedly, the respondent No.4-ITBP had
communicated 79 vacancies arising out of promotion or otherwise to
the UPSC on 11.07.2025 with respect to CAPF (AC) Exam, 2025;
however, the same exercise was not carried out with respect to
vacancies created in the LDCE category.
16. It is further noted that the final result to the selection process
was not declared on account of the interim order dated 23.07.2026
passed by this Court.
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17. Be that as it may, at the time when the increase in vacancies in
respect of direct recruitment examination was provided to the UPSC ,
i.e., 11th July, 2025, even the physical standard test or physical
efficiency test were ongoing, and thus, apart from the written
examination being conducted, the selection process for LDCE was
still midway. It is pointed out that results published for Paper-I and
Paper II on 23rd June, 2025, had listed 62 candidates as ‘qualified’. In
the additional affidavit dated 31st August, 2026, filed on behalf of the
respondents, the following distinction have been sought to be given: -
“18. In substance, the distinction is simple:
(i) in LDCE-2024, the additional 12 vacancies had
already been identified on 22.01.2025 and were awaiting
MHA approval, which was granted before the
examination, resulting in 16 vacancies being
communicated to CRPF;
(ii) in Direct Recruitment-2025, the vacancy figure was
progressively revised pursuant to UPS requisitions,
ultimately reaching 79, including anticipated
promotional vacancies; and
(iii) the vacancies now relied upon by the Petitioners for
LDCE-2025 arose only subsequently, after the relevant
stages of the LDCE process, and therefore cannot be
retrospectively added to the examination.”
18. It is further stated in the aforesaid affidavit that, by the time
DPC was convened, the whole process of LDCE category was over
including the examination and interview. As noted hereinabove, it is
the case of the respondents themselves that the DPC for all category
of posts was convened on 2nd September, 2025; however, increase in
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number of vacancies with respect to direct recruitment was conveyed
to UPSC on 11th July, 2025 itself. Therefore, the aforesaid stand is
clearly discriminatory. The subject advertisement dated 13.02.2025
for LDCE for the years 2024 and 2025, and OM dated 3rd November,
2023, clearly contemplates that the vacancies can be increased or
decreased during the selection process, and on 11th July, 2025, when
the increase in number of vacancies/posts was informed to UPSC with
respect to direct recruitment, the selection/recruitment process for the
LDCE category was still ongoing. Once the vacancies were created on
account of promotions as well as other factors, it was incumbent upon
respondent No.4 to inform the recruiting agency-CRPF (Nodal
Agency) of the same for the LDCE category. The reason for not doing
so, as per the respondents, that the examination had already taken
place, could not be justified by them by way of any OM/any statutory
Rule. On the contrary OM dated 03.11.2023, and subject
advertisement dated 13.02.2025 for LDCE for the years 2024 and
2025, clearly contemplates that the final number of vacancies had to
be communicated by the department concerned before the results are
declared.
19. Moreover, in the initial counter affidavit dated 11.02.2026, filed
on behalf of the respondents, the stand taken was that, as per the
recruitment rules, separate post based rosters are maintained for the
total sanctioned post of Assistant Commandant (GD) and since the
said post based rosters are operative with respect to the sanctioned
strength and quota prescribed for each category, there is no difference
in the vacancies created during the year 2025, and the advertisement
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issued to fill the vacancies. It was further averred by the respondents
that the vacancy year has been shifted from financial year to
‘Calendar Year’ from the year 2018 onwards, in terms of para 5(i) of
DoPT Office Memorandum dated 08.05.2017, and the same is also
mentioned in Recruitment Rules of Asst. Comdt., 2018. Thus, the case
st
of the respondents, initially, was that the crucial date shall be 1 day
of January of the year in which the Examination is conducted, and in
such a situation, it would not be appropriate to say that the number of
vacancies should be increased in the vacancy year 2025. The relevant
averments made by the respondents in their initial counter affidavit
filed read as under: -
“ BRIEF HISTORY
II. That as per the recruitment rules, separate post-
based rosters are maintained for the total sanctioned
posts of Assistant Commandant (General Duty)
according to the prescribed medium of recruitment
[i.e. through direct recruitment and Limited
Departmental Competitive Examination (LDCE)].
Accordingly, advertisements are issued to fill
vacancies in the category of vacancy that is based on
the roster point of the medium. For example, if 10
Assistant Commandant (General Duty) posts become
vacant through direct recruitment, those posts will be
filled by 10 Assistant Commandants from the direct
recruitment quota. Similarly, if a post is vacated by
an Assistant Commandant recruited through the
Limited Departmental Competitive Examination
(LDCE), the vacant posts will he filled from the
LDCE quota.
PRELIMINARY OBJECTIONS
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XXII. That the petitioners in the present Writ Petition are
calculating vacancies on vacancy based roster. However,
the vacancies are being calculated and advertised on the
basis of post based roster. For example, in case of
promotion of 10 directly recruited Assistant
Commandant (General Duty) to the post of Deputy
Commandant, the vacancies of 10 Assistant
Commandants will be filled from the direct recruitment
quota only. If the post has been vacated by the Assistant
Commandant (General Duty) Limited Departmental
Competitive Examination (LDCE) quota then the
vacancies would be filled through LDCE quota and
would not be filled up by dividing the above mentioned
vacant posts into ratio of 50%, 33% and 17%. Since, post
based reservation roster are operative with respect to the
sanctioned strength and quota prescribed for each
category, therefore, there is no difference in the
vacancies created during the year 2025 and the
advertisement issued to fill the vacancies.
XXIII. That in the present Writ Petition, the Petitioner's
contention is to increase number of vacancies of
Commandant (General Duty) Limited Assistant
Departmental Competitive Examination (LDCE) for the
year 2025 as per Administrative Manual Chapter III
(Recruitment & Appointment). In this regard it is
intimated that the vacancy year has been shifted from
financial year to Calendar Year from the year 2018
onwards, in terms of para 5(i) of DoP&T Office
Memorandum dated 08.05.2017 and also mentioned
in Recruitment Rules (RRs) of Assistant
Commandant (General Duty) 2018. That it is
specifically mentioned that the crucial date shall be
the 1st day of January of the year in which the
Examination is conducted. In such a situation, it is
not appropriate to say that the number of vacancies
should be increased in the vacancy year 2025.
Copy of relevant portion of Administrative Manual
Chapter III (Recruitment & Appointment) is herewith
annexed as Annexure R12.
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Copy of DoP&T Office Memorandum dated
08.05.2017 is herewith annexed as Annexure R13.
Copy of Recruitment Rules of Assistant
Commandant (General Duty) 2018 is herewith annexed
as Annexure R14.
XXIV. That as far as the matter is concerned to the
vacancies of Assistant Commandant (General Duty)
direct recruitment for the vacancy year, 2025. In this
context, it is intimated that 79 vacancies of Assistant
Commandant (General Duty) (Direct Entry) have
been arisen for the vacancy year 2025 due to
promotion, deputation and termination from service.
That as per the recruitment rules, separate post-
based rosters are maintained for the total sanctioned
posts of Assistant Commandant (General Duty)
according to the prescribed medium of recruitment
[i.e. through direct recruitment and Limited
Departmental Competitive Examination (LDCE)].
Accordingly, advertisements are issued to fill
vacancies in the category of vacancy that is based on
the roster point of the medium. Hence, the Petitioners
cannot use the revision of vacancies in direct
recruitment as a ground for revision of vacancies in
recruitment through Limited Departmental
Competitive Examination (LDCE).”
(emphasis supplied)
20. The aforesaid stand is, however, in contrast to the stand taken
by the respondents and distinction sought to be drawn by them in
additional affidavit dated 31.08.2026 filed in response to the Court’s
query posed during the course of hearing on 11.08.2026, as noted
hereinbefore.
21. Admittedly, 79 vacancies/posts of Asst. Comdt. (GD) direct
st
recruitment were created after 1 January of the Calendar Year of
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2025. In this regard, it is also noted that for the vacancy year 2024, the
vacancies of AC (GD) LDCE of ITBP were increased vide
corrigendum dated 11.06.2025 of advertisement dated 13.02.2025,
th
which was after conducting of written examination on 8 June, 2025
for the said category.
22. In view of the aforesaid, the present petition is allowed.
23. The increased 21 vacancies/posts of Asst. Comdt. (GD) of
ITBP, which had arisen in 2025 in pursuance of the DPC for
promotion of AC (GD) to DC (GD) convened on 02.09.2025 for the
vacancy year of 2025, shall be made available to the petitioners in
LDCE category, if they qualify for the same.
24. The petition stand disposed of with the aforesaid directions.
25. Pending applications, if any, also stand disposed of accordingly.
26. Judgement be uploaded on the website of this Court, forthwith .
NITIN WASUDEO SAMBRE
(ACTING CHIEF JUSTICE)
AMIT SHARMA
(JUDGE)
OCTOBER 15, 2026 /sn/ns/nk
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