Sajal Sinha and 2 Ors v. The Union of India and 9 Ors

ORDER Date : 28-06-2024

Heard Mr. S.D. Roy, learned counsel for the petitioners and Ms. B. Sarma, learned Central Government Counsel appearing for the respondents.

¶2By filing this writ petition under Article 226 of the Constitution of India, the petitioners are praying for quashing of the result/select list dated 21.01.2021 in respect of recruitment of Constables (GD) in Central Armed Police Force (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles, 2018 and for a direction to the respondent authorities to publish a fresh result/revised select list in respect of the State of Assam by treating the candidature of the petitioners in the Unreserved Category.

¶3The learned Central Government Counsel has submitted that as per the instructions received by her, all the posts advertised had been filled up and resultantly, there are no vacancies for considering the appointment of the petitioners.

¶4The petitioners claim that they belong to the OBC category and they claim that they have secured more marks than the last candidate in the Unreserved Category. Accordingly, the petitioners claim that they are entitled for appointment in the said posts.

¶5The learned counsel for the petitioners has further submitted that under similar circumstances, in another writ petition, notice of motion has been issued Page No.# 5/5 by this Court.

¶6This Court is of the considered opinion that since all the advertised posts, pursuant to the advertisement dated 21.07.2018 had been filled up, the present writ petition is not maintainable on the ground of delay and laches as the results were already declared on 21.01.2021.

¶7The fact that notice of motion had been issued in another writ petition shall not come in the way of not entertaining the present writ petition on the ground of delay and laches in approaching the Court after more than 3(three) years, that too, after all the posts of Constables (GD) in Central Armed Police Force (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles, 2018 has been filled up.

¶8Accordingly, the Court does not find any merit in this writ petition and the writ petition stands dismissed on the ground of delay and laches.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010124942024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3322/2024o SAJALoSINHAoANDo2oORSo S/O-oSUSHILoSINHA,o R/O-oVILLoANDoP.O.-oBHURUNGA,o P.S.-oPATHARKANDI,o DIST.-oKARIMGANJ,oASSAM,o PIN-o788724. 2:oSHAMBUoSINHA oS/O-oSASHIoMOHANoSINHA o R/O-oVILL-oSINGARI o P.O.oANDoP.S.-oPATHARKANDI o DIST.-oKARIMGANJ oASSAM o PIN-o788724. 3:oNAYANoKUMARoRAY oS/O-oSRIoMAHINoCHANDRAoRAY o R/O-oVILL-oBORGHOLAoPT-I o P.O.-oSRIJANGRAM o P.S.-oABHAYAPURI o DIST.-oBONGAIGAON oASSAM o PIN-o783334o VERSUSo PageoNo.#o2/5 THEoUNIONoOFoINDIAoANDo9oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoMINISTRYoOFoHOMEo AFFAIRS,o GOVT.oOFoINDIA,oNEWoDELHI-1. 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMAN o BLOCK-12 oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI-03. 3:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oGUWAHATI oASSAM oHOUSEFEDoCOMPLEX o DISPUR oGUWAHATI-6. 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCE oBLOCKoNO.o10 oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI-03. 5:THEoDIRECTORoGENERAL oSASHATRAoSEEMAoBAL o5-6 oVIVEKANANDAoMARG oEASToBLOCK o R.K.oPURAM oNEWoDELHI o22. 6:THEoDIRECTORoGENERAL oCENTRALoRESERVEoPOLICEoFORCE o(RECRUITMENT) oEASToBLOCK-07 oLEVEL-4 oSECTOR-o01 Page No.# 3/5 R.K. PURAM NEW DELHI- 06. 7:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE BLOCK NO. 13 CGO COMPLEX LODHI ROAD NEW DELHI 03. 8:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE CGO COMPLEX LODHI ROAD NEW DELHI 03. 9:THE DIRECTOR GENERAL ASSAM RIFLES NONGRIMMAW LAITHMUKHRAH GAROLINE SHILLONG MEGHALAYA PIN- 793011. 10:THE DIRECTOR GENERAL INDO TIBETAN BORDER FORCE BLOCK NO. 10 LODHI ROAD PRAGATI VIHAR NEW DELHI-03 Advocate for the Petitioner : MR. U SAIKIA Advocate for the Respondent : DY.S.G.I. Page No.# 4/5 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA