Partha Pratim Bora v. The Union of India and 3 Ors

O R D E R

03.04.2024

Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Ms. B. Sharma, learned CGC for all the respondents.

¶2The petitioner belongs to OBC category and has participated in a selection process for recruitment to the post of Constable (GD) in the Central Armed Police Forces pursuant to an advertisement dated 21.07.2018. Though petitioner belongs to the Reserved Category candidate, he secured more marks than some of the selected General Category candidates in the selection process. However, appointment order was not issued to the petitioner on the ground that he had availed of the chest and height relaxation prescribed for all candidates of the State of Assam. Therefore, the stand of the respondents is that the petitioner could have been considered only for Reserved Category and not for General Category post.

¶3Learned counsel for the petitioner submits that this case is covered by the order dated 05.01.2024 passed in WP(C) No.7588/2023.

¶4Ms. B. Sharma, learned CGC also fairly submits that the present case is covered by the order dated 05.01.2024 passed in WP(C) No.7588/2023. She also submits that the petitioner can be appointed against General Category post provided his marks are higher than the last selected General Category candidates. Page No.# 3/3

¶5After hearing learned counsel for the parties and on perusal of the order dated 05.01.2024 passed in WP(C) No.7588/2023, this Court finds that the present case is a covered case.

¶6Accordingly, this Court is of the view that relaxation in height and chest availed by the petitioner cannot disentitle him for consideration against the General Candidate vacancies if he has secured more marks than the last selected General Category candidates.

¶7In view of above, this Court directs the respondents to accommodate the petitioner as and when vacancy arises to the post of Constable (GD) in any Central Armed Police Forces after verifying whether the petitioner has secured higher marks than the last selected General Category candidates.

¶8With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010046682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1300/2024o PARTHAoPRATIMoBORAo S/OoSRIoARUNoBORA,oR/OoVILL-oPULIBORoGONDHIAoGAON,oNEARo KHABARoPRESS,oJORHAT,oDIST-oJORHAT,oASSAM,oPIN-785006 VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoINDIA,oMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-1100101 2:UNIONoOFoINDIA oREPRESENTEDoBYoITSoSECRETARY oMINISTRYoOFoPERSONNELoPENSIONoANDoPUBLICoGRIEVANCE oDEPARTMENToOFoPERSONNELoANDoTRAINING oNORTHoBLOCK oNEWoDELHI-110001 3:STAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMANoLODHIoROAD oBLOCKoNO.o12 oCGOoCOMPLEX oNEWoDELHI-110003 4:REGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oLASToGATE-oBASISTHAoROAD oP.O.-ASSAMoSACHIVALAYA oDISPUR oGUWAHATI o78100o Page No.# 2/3 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : DY.S.G.I. BEFORE HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR