Lachit Barman and 5 Ors v. The Union of India and 2 Ors

ORDER

19.06.2023 Heard Mr. H. K. Baishya, learned counsel for the writ petitioners. Also heard Ms. S. Baruah, learned CGC, appearing for the respondents. The petitioners herein belong to the OBC category. In response to the advertisement notice dated 21/07/2018 for recruitment in the post of Constable (General Duty) in the Central Armed Police Forces (CAPFs), the petitioners had submitted their candidature and had also participated in the 2023:GAU-AS:1060 Page No.# 4/5 selection process. However, on conclusion of the process, the petitioners were not selected. The basis for not doing so is on account of the fact that the marks obtained by the petitioners were considered along with the other candidates belong to the OBC category and it was observed that since Page No.# 4/5 the petitioners have availed the relaxation for chest and height measurement prescribed for the candidates coming from Assam, they could not be considered along with the general category candidates. However, the fact remains that the petitioners had scored more marks than some of the general category candidates, who were ultimately selected and appointed by the authorities. Similarly situated petitioners had earlier approached this Court by filing WP(C) 3764/2021 raising a similar grievance. After taking note of the facts of the case as well as the law laid down by the Delhi High Court in Hemant Pokhriyal Vs. Staff Selection Commission & Ors. [WP(C) 4982/2021 decided on 01/10/2021] and also the decision rendered in the case of Arpan Chowdhury Vs. Union of India and others rendered by the Tripura High Court in connection with WP(C) 117/2021, the learned Single Judge was of the opinion that the petitioners were entitled to receive orders of appointment. According, the writ petition was disposed of with a direction upon the respondents to accommodate those petitioners in any of the CAPFs, within a period of three months from the date of receipt of certified copy of the order. By referring to the order dated 11/08/2022 passed by the learned Single Judge in WP(C) 3764/2021, Mr. Baishya submits that this is a covered case and, therefore, be disposed of with a similar direction. Ms. S. Baruah, learned CGC, in her usual fairness, has conceded that the petitioners' case would be covered by the previous decision of this Court but submits that since in the meantime, all the vacant posts of Constable (GD) in the CAPFs coming under the advertisement notice dated 21/07/2018 have already been filled up, the petitioners may be accommodated in any other Page No.# 5/5 Armed Police Force. Mr. Baishya, learned counsel for the petitioners submits that his clients would have no objection if such a recourse is taken as long as they are issued the orders of appointment without further delay. Taking note of the submission advanced by learned counsel for both the sides, this writ petition is hereby disposed of by providing that the respondents may issue orders of appointment to the petitioners appointing them as Constable

(GD) in any of the division of the Central Armed Police Forces, as expeditiously as possible, preferably within 6 (six) months from the date of receipt of a certified copy of this order. With the above observations, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010131432023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3533/2023o LACHIToBARMANoANDo5oORSo S/O-oPRADIPoKR.oBARMAN,o R/O-oVILLAGEoJOYPUR,o P.O-oDHANPUR,o P.S-oSAPATGRAM,o DIST-oDHUBRI,oASSAM,oPIN-783337 2:oNIRMALENDUoROY oS/O-oNIRMALoROYo o R/O-oVILLAGEoSONAMOYEEoPARToII o P.O-oHARALTARI o P.S-oSAPATGRAM o DIST-oDHUBRI oASSAM oPIN-783337 3:oUTTAMoROY oS/O-oSURJYAoROYo o R/O-oVILLAGEoSONAMOYEEoPARToII o P.O-oHARALTARI o P.S-oSAPATGRAM o DIST-oDHUBRI oASSAM oPIN-783337 PageoNo.#o2/5 4:oMALINoCHANDRAoBARMAN oS/O-oDHANESWARoCH.oBARMANo o R/O-oVILLAGEoAMTOLIo o P.O-oCHITHIL o P.S-oFAKARGRAM o DIST-oKOKRAJHAR oASSAM oPIN-783354 5:oBOLORAMoURAW oS/O-oNARUAoURAWo o R/O-oVILLAGEoSILIJANI o P.O-oCHOIBARIo o P.S-oSALAKATHI o DIST-oKOKRAJHAR oASSAM oPIN-783376 6:oJYOTIoROY oS/O-oLATEoRANJANoROYo o R/O-oVILLAGEoSONAMOYEEoPARToI o P.O-oHARALTARI o P.S-oSAPATGRAM o DIST-oDHUBRI oASSAM oPIN-78333o VERSUSo THEoUNIONoOFoINDIAoANDo2oORSo REPRESENTEDoBYoTHEoSECRETARY,oTOoTHEoGOVT.oOFoINDIA,oNORTHo BLOCK,oCENTRALoSECRETARIAT,oMINISTRYoOFoHOMEoAFFAIRS,oNEWo DELHI-o110001. Page No.# 3/5 2:THE STAFF SELECTION COMMISSION REPRESENTED BY ITS CHAIRMAN BLOCK NO. 12 CGO COMPLEX 4TH FLOOR LODHI ROAD NEW DELHI- 110003. 3:THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION REGIONAL OFFICE HOUSEFED COMPLEX BASISTHA ROAD GUWAHATI- 781006 Advocate for the Petitioner : MR H K BAISHYA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM