Biki Rabha and Anr v. The Union of India and 3 Ors

ORDER

19.07.2024. Heard Mr. R Sarma, learned counsel for the petitioners. Also heard Ms. S Baruah, learned CGC for all the respondents.

¶2The petitioners belong to ST 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 petitioners belong to the Page No.# 3/4 Reserved Category candidate, they secured more marks than some of the selected General Category candidates in the selection process. However, appointment order was not issued to the petitioners on the ground that they 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 petitioners could have been considered only for Reserved Category and not for General Category post.

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

¶4Ms. Baruah, 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 petitioners can be appointed against General Category post provided their marks are higher than the last selected General Category candidates.

¶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 petitioners cannot disentitle them for consideration against the General Candidate vacancies if they have secured more marks than the last selected General Category candidates.

¶7In view of above, this Court directs the respondents to accommodate the petitioners as and when vacancy arises to the post of Constable (GD) in any Central Armed Police Forces after verifying whether the petitioners have secured higher marks than the last selected General Category candidates. Page No.# 4/4

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010182142023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4840/2023o BIKIoRABHAoANDoANR.o S/O-oKAILASHoRABHA,o R/O-oVILL.oDIGHILIPAR,o P.O.oANDoP.S.-oTAMULPUR,o DIST.-oBAKSA,oASSAM,o PIN-o781367 2:oJWNGSHARoBRAHMA oS/O-oBIKASHoBRAHMA o R/O-oVILL-oTUPALIA o P.O.-oGERUAo(ASHRAM) o P.S.-oBARBARI o DIST.-oBAKSA oASSAM o PIN-o781344o VERSUSo THEoUNIONoOFoINDIAoANDo3oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o MINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI-o1100101. 2:UNIONoOFoINDIA oREPRESENTEDoBYoITSoSECRETARY o MINISTRYoOFoPERSONNELoPENSIONoANDoPUBLICoGRIEVANCES o Page No.# 2/4 DEPARTMENT OF PERSONNEL AND TRAINING NORTH BLOCK NEW DELHI- 110001. 3:STAFF SELECTION COMMISSION REPRESENTED BY THE CHAIRMAN LODHI ROAD BLOCK NO. 12 CGO COMPLEX NEW DELHI- 110003. 4:REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE- BASISTHA ROAD P.O.- ASSAM SACHIVALAYA DISPUR GUWAHATI- 781036 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI