Satyajit Choudhury and 5 Ors v. The Union of India and 7 Ors

ORDER Date : 07/06/2023

Heard Mr. H.R. Ahmed, learned counsel for the writ petitioners. Also heard Ms. S. Baruah, learned CGC, appearing for the respondents. The six petitioners herein are reserved category candidates. 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 applications and had also participated in the 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 belonging to the reserved category and it was observed that since the Page No.# 5/5 petitioners have already availed 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 according to them, the petitioners had scored more marks than some of the general category candidates, who were ultimately selected and appointed by the authorities. Similarly situated candidates had earlier approached this Court by filing W.P.(C) No. 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. SSC & Ors. [W.P.(C) No. 4982/2021 decided on 01-10-2021] and also the decision rendered in the case of Arpan Chowdhury Vs. UoI & Ors. rendered by the Tripura High Court in connection with W.P.(C) No. 117/2021, the learned Single Judge was of the opinion that the petitioners were entitled to receive orders of appointment. Accordingly, 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 W.P.(C) No. 3764/2021, Mr. Mazumder submits that this is a covered case and, therefore, be disposed of with a similar direction. Ms. Baruah, learned CGC, in her usual fairness, has conceded that the case of the petitioners 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 Armed Police Force. Taking note of the submissions 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. Writ petition stands disposed of.

JUDGE sukhamay Comparing Assistant

PageoNo.#o1/5 GAHC010121212023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3251/2023o SATYAJIToCHOUDHURYoANDo5oORSo S/O-oTEJENDRAoCHOUDHURY,o VILL.-oBAMUNGAONoPT.oIII,o P.O.-oSILGARA,oP.S.-oKOKRAJHAR,o DIST.-oKOKRAJHARo(ASSAM),o PIN-o783348.o ROLLoNO.o5105024322. 2:oRATANoPRODHANI oS/O-oPRANESWARoPRODHANI o VILL-oBIDYADABRIoPT-III o P.O.-oBIDYADABRI o P.S.-oGOLAKGANJ o DIST.-oDHUBRI o PIN-o783335.o ROLLoNO.o5105019028. 3:oRINKUoADHIKARY oS/O-oRAJKUMARoADHIKARY o VILL-oPOKALAGIoPT.oIII o P.O.-oPOKALAGI o P.S.-oGOLAKGANJ o DIST.-oDHUBRI PageoNo.#o2/5 o PIN-o783335.o ROLLoNO.o5105092356. 4:oSUBARNAoCH.oDAS oS/O-oJURANoCH.oDAS o VILL.oJHAPUSABARIoPT.oIV o P.O.-oSOUTHoJHAPUSABARI o P.S.-oAGAMONI o DIST.-oDHUBRI o PINo-o783335.o ROLLoNO.-o5105007924. 5:oSUMANTAoBHAKAT oS/O-oSUDHINoBHAKAT o VILL-oKAIMARIoPT.oVI o P.O.oKAIMARI o P.S.-oGOLAKGANJ o DIST.-oDHUBRI o PIN-o783335.o ROLLoNO.o5105041279. 6:oGOPALoKRISHNAoBHAKAT oS/O-oRATANoBHAKAT o VILL.oJINKATAoPT.oI o P.O.-oMAHAMAYAHAT o P.S.-oGOLAKGANJ o DIST.-oDHUBRI o PIN-o783335.o ROLLoNO.o510509190o PageoNo.#o3/5 VERSUSo THEoUNIONoOFoINDIAoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS, GOVT.oOFoINDIA,oNEWoDELHI-1. 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMAN o BLOCKoNO.o12 oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI-o03o. 3:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oGUWAHATI oHOUSEoFEDoCOMPLEX o DISPUR oGHY-6. 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCE oBLOCKoNO.o10oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI o03. 5:THEoDIRECTORoGENERAL oSASHATRAoSEEMAoBALL o5-6 oVIVEKANANDAoMARG oEASToBLOCK o R.K.oPURAM oNEWoDELHI o22. 6:THEoDIRECTORoGENERAL oCENTRALoRESERVEoPOLICEoFORCE o(RECRUITMENT) oEASToBLOCK-07 Page No.# 4/5 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI 66. 7:THE DIRECTOR GENERAL INDO TIBETAN BORDER POLICE BLOCK NO IV CGO COMPLEX LODHI ROAD NEW DELHI 03. 8:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE BLOCK NO. 13 CGO COMPLEX LODHI ROAD NEW DELHI Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM