Hiralal Rowtia and 4 Ors v. The Union of India and 6 Ors

ORDER Date : 27-06-2023 Heard Mr. N.H. Laskar, learned counsel for the writ petitioners. 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 Page No.# 4/5 Physical Efficiency Test (PET). However, after having qualified in the aforesaid tests, the petitioners were once again subjected to PST and they were disqualified in the PST, on the second occasion, on the ground that they did not meet the measurement of height. Aggrieved by rejection of their candidature, the petitioners have approached this Court by filing the instant writ petition, inter-alia, contending that the record would establish that the procedure adopted for rejection of the candidature of the petitioners is wholly arbitrary. Mr. Laskar submits that there are materials on record to show that the height of the petitioners were as per prescribed standard. He submits that the height of the petitioners could not have reduced in the period of less than a year. Mr. S. S. Roy, learned CGC appearing for the respondents submits that there is a proper mechanism in place to verify the claim of the petitioners and to take appropriate steps for redressal of his grievance, if found to be correct. Therefore, the petitioners be directed to prefer appeal. Mr. Laskar has also agreed to such a recourse. Having heard the submission of learned counsel for the parties, this writ petition is being disposed of by granting a week's time to the petitioners to prefer appeal against the rejection of their candidature before the appropriate authority. If such appeals are 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 receipt of a certified Page No.# 5/5 copy of this order. With the above observation, the writ petition stands disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/5 GAHC010142852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3805/2023o HIRALALoROWTIAoANDo4oORSo S/O-oRATANLALoROWTIA,o VILLAGEoFALIMARI,o P.O.-oCHAPAR,oP.S.-oCHAPAR,o DIST-oDHUBRI,oASSAM,o PIN-o783371. 2:oBIJUoKOCH oS/O-oLATEoBHADRESWARoKOCH o VILLAGE-oNO.o1oSINGIMARI o P.O.-oKACHARISON o P.S.-oDHEKIAJULI o DIST-oSONITPUR o(ASSAM) o PIN-o784117. 3:oRABIULoHUSSAINoTALUKDAR oS/O-oHABIZoUDDINoTALUKDAR o VILLAGE-oROWMARI oP.O.oMAJGAON o P.S.-oBARPETA oDIST-oBARPETA.o(ASSAM).o PINo-781313. 4:oMAHBUBURoRAHMAN oS/O-oKAMALoUDDIN o PageoNo.#o2/5 VILLAGE-oMAJGAON o P.S.-oBARPETA oDIST.-oBARPETAo(ASSAM) o PIN-o781313. 5:oSANIDULoISLAM oS/O-oABBASoALI o P.O.oMECHoPARA oP.S.oBARPETAoROAD o DIST.-oBARPETA o(ASSAM).oPIN-o781313o VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoITSoSECRETARYo MINISTRYoOFoPERSONNEL,oPUBLICoGRIEVANCESoANDoPENSIONS,o DEPARTMENToOFoPERSONNELoANDoTRAINING,o GOVT.oOFoINDIA,o NORTHoBLOCK,oNEWoDELHI-o110001. 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoITSoSECRETARY o BLOCKoNO.o12 oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI-o110003. 3:THEoREGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oASSAM o DISPUR oGUWAHATI-6. 4:THEoDIRECTORATEoGENERAL oCRPFo(RECRUITMENToBRANCH) oEASToBLOCK-07 oLEVEL-4 oSECTOR-01 o Page No.# 3/5 R.K. PURAM NEW DELHI- 110066. 5:THE PRESIDING OFFICER CT/GD RECRUITMENT EXAM 2022 RECRUITMENT BOARD GC CRPF KHATKHATI DIMAPUR PIN- 797112. 6:THE INSPECTOR GENERAL NE SECTOR CRPF STONY HEAVEN BISHOP COTTON ROAD SHILLONG- 793001. 7:THE DEPUTY INSPECTOR GENERAL OF POLICE GROUP CENTRE CRPF KHATKHATI KARBI ANGLONG PIN- 782480 Advocate for the Petitioner : MR. N H LASKAR Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM