Mriganka Bharali and 2 Ors v. The Union of India and 4 Ors

ORDER Date : 26-05-2023

Heard Mr. N.H. Laskar, learned counsel for the writ petitioners. Also heard Mr. S.S. Roy, learned CGC appearing for the respondents. The writ petitioners herein had participated in the recruitment process initiated for appointment of Constable/GD in the Central Armed Police Force (CAPF) in the year 2022. According to the petitioners, they had undergone Physical Standard Test (PST) and the Physical Efficiency Test (PET) and emerged as successful candidates. However, subsequent thereto the petitioners were once again subjected to PST and thereafter, disqualified on the ground that they did not meet the height specification. Contending that the writ petitioners, who were earlier found to be having the requisite height, could not have been subsequently declared as disqualified on such ground, since the height of the petitioners could not have reduced in a period of less than one year. Mr. S.S. Roy, learned CGC submits that the decision of the authorities is appealable and therefore, he would have no objection if the writ petition is disposed of with a direction upon the petitioners to prefer appeal before the appellate authority to be disposed of in a time bound manner. Mr. Laskar submits that he would also have no objection, if such an order is passed. In view of the above, this writ petition is being disposed of, at the stage of motion Page No.# 4/4 hearing, by providing that the petitioners may prefer appeal before the appellate authority against the rejection of their candidature. If such an appeal is filed within a week from today, the same may be considered on merit and upon due verification of facts based on materials on record, a reasoned order be passed therein, as expeditiously as possible, but not later than 30 days from the date of filing the appeal by enclosing a certified copy of this order. Until such time, the aforesaid exercise is carried out and completed, 03 (three) posts of Constable/GD in the Central Armed Police Force qua the present recruitment drive, be kept vacant. Writ petition stands closed.

JUDGE GS Comparing Assistant

PageoNo.#o1/4 GAHC010111612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2967/2023o MRIGANKAoBHARALIoANDo2oORSo S/O-oJADABoCHANDRAoBHARALI,o VILLAGE-oBORKA,o P.O.-oPUB-BORKA,o PS.-oKAMALPUR,o DIST.-oKAMRUP(R),oASSAM.o PIN-o781101. 2:oPRADIPoPATHAK oS/O-oSUBODHoPATHAK o VILLAGE-oDEOHATIoPART-II o P.O.-oDEOHATI o P.S.-oABHAYAPURI o DIST.-oBONGAIGAONo(ASSAM) o PIN-o783384. 3:oMONIRULoISLAM oS/O-oNEHERULoISLAM o VILLAGE-oBARPATHER o P.O.-oNEWoBONGAIGAON o P.S.-oBONGAIGAON o DIST.-oBONGAIGAON o(ASSAM) o PIN-o783381o Page No.# 2/4 VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, GOVT. OF INDIA, NORTH BLOCK, NEW DELHI- 110001. 2:THE STAFF SELECTION COMMISSION REPRESENTED BY ITS SECRETARY BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI- 110003. 3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX ASSAM DISPUR GUWAHATI-06. 4:THE DIRECTORATE GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI- 110066. 5:THE PRESIDING OFFICER CT/GD RECRUITMENT EXAM 2022 RECRUITMENT BOARD GC CRPF KHATKHATI DIMAPUR PIN- 797112 Advocate for the Petitioner : MR. N H LASKAR Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM Page No.# 3/4