New Delhi, Sep 30 (IANS) Failure in a test cannot debar a person from a subsequent fresh selection process for deputation on a foreign mission, Delhi High Court has ruled while paving the way for an ITBP inspector's consideration for a new assignment.
Indo-Tibetan Border Police (ITBP) Inspector Lalit Kumar had moved the court after he failed a test in firing conducted by the UN in July and the central government blacklisted him for five years.
The court set aside the blacklisting, with a division bench consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh, in a recent order, saying: "We dispose of the writ petition quashing the impugned order dated Aug 30 in so far as it records that the petitioner would not be considered to be nominated for the next five years for foreign deputation mission."
"The failure or disqualification in a particular test cannot debar a person to appear in the subsequent fresh selection. It would clearly be arbitrary and beyond the powers of the authority concerned to hold a person not even entitled to be considered for fresh selection in the next five years," the bench said, while disposing of Lalit Kumar's plea Sep 20.
The officer was empanelled by the ITBP for deployment under the aegis of the UN. The officers of the UN conducted a firing test during July 15-21 in which he failed.
After he failed the test, the government Aug 30 informed Lalit Kumar that he could not be deputed to a foreign mission as he failed the firing test.
He was also informed that his name had been removed from the panel and he would not be considered for nomination in the next five years for foreign deputation mission.
Aggrieved by the decision, he moved the court.
The court said: "Subject to the petitioner (Lalit Kumar) fulfilling the eligibility norms, he would be considered for foreign deputation mission as and when the next selection procedure is put in place."
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