1 S.B.CIVIL WRIT PETITION NO.5250/2007 Prem Kumar Lawani & Ors. v. Union of India & Ors. Date of Order :: 2nd April, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.P.Sharma, for the petitioners. .... As per the averments made in the petition for writ, the petitioners are trained members of Village Volunteers Force, that was established by the Ministry of Home Affairs, Government of India, to counter the insurgency in the Eastern part of India. The force was also introduced in the Border areas of Western part subsequently. A training to operate the light machine, self loading rifle, 7.62 rifle, 36 hand grenades and other combat weapon was accorded to the petitioners. They were deputed in Barmer district under the command and control of S.S.B. Unit which was deployed at Barmer. The S.S.B. Unit subsequently moved to Sitamari in Bihar to meet the insurgence challenge at Indo-Nepal Border. The petitioners by this petition for writ have claimed to deploy S.S.B. Unit in Barmer Border area and also to enroll them as regular employees of the S.S.B. Organisation. A reliance is placed upon the 2 judgment of Hon'ble Gauhati High Court in the case of the President, Shri Pachungnung & Ors. v. Union of India & Ors., (Civil Rule No.202 of 1998), giving directions for absorbing village volunteers in S.S.B. Organisation who have already put in service for seven years. It is asserted by counsel for the petitioners that the village volunteers force provided valuable training to the petitioners and that will go in vein if they be not enrolled in S.S.B. Organisation. Pertinent to note here that the petitioner before approaching this Court submitted a notice for demand of justice to the Director General, S.S.B., Ministry of Home Affairs, Government of India and that was responded by the Assistant Director (EB III), by a communication dated 5.2.2007 negativating claim of the petitioners for following reasons:- “-It is clarified that till date no VVF has been functioning in existence in the Rajasthan areas. -It is further clarified that VVF scheme was a special scheme which was in existence in Manipur and was initially set up by MHA in 1966 and the same remained under the immediate control of Chief Commissioner till Manipur become a state with the attainment 3 of statehood in 1974. The administrative control of VVF was then transferred to SSB wef.01/03/1974. The VVF initially had different duties, setup and a separate scheme. Hence the case of VVF is not applicable to the other volunteers. The association of the local population in other SSB activities was on a voluntarily basis quite different from VVF. Prior to coming to MHA wef.15/01/2001, Volunteers (other then VVF) as per the eligibility condition of recruitment were duly selected as member of the force after thoroughly getting examined as per the merit. All SSB volunteers are now free to participate in the recruitment process as per eligibility within the quote prescribed for the concerned state. However, without attaining eligibility and without getting selected, Volunteers can not be enrolled or absorbed as claimed. -Further SSB has been assigned the task of manning the Indo-Nepal and Indo-Bhutan Border as per the policy decision of the Govt. and can not be redeployed in Border areas of Rajasthan as other Border Guarding Force is deployed there.” From perusal of the communication dated 5.2.2007, it is apparent that the SSB has been assigned the task of manning the Indo-Nepal and Indo- Bhutan Border as per the policy decision of the Government of India and cannot be redeployed in Border areas of Rajasthan. The Border areas of Rajasthan are already guarded by other para-military force. 4 The use of a force is absolutely an administrative matter and in such issues, in normal course, the Courts are not required to interfere. The training imparted to the petitioners may be useful for them for various other purposes including participation in recruitment process as per eligibility in SSB or other forces. No direction can be given by this Court to enroll the petitioners with SSB or to deploy SSB at Western Border. The directions given by Gauhati High Court in the case of The President, Shri Pachungnung (supra) were in absolutely different circumstances and those are not at all available in the instant matter. In Eastern command the SSB is already deployed and members of the village volunteers force from last number of years participating in various actions alongwith police forces/security forces deployed in North East Hill areas including Indo-Burma Border and for this reason only a direction was given in the case of the President, Shri Pachungnung (supra) to absorb village volunteers with SSB. For the reasons given above, the petition for writ is having no merit and, therefore, the same is dismissed. ( GOVIND MATHUR ),J. Kkm/ps.