Bhaskar Bhuyan and 3 Ors v. The Union of India and 3 Ors

ORDER Date : 26-04-2023 Heard Mr. R. Sarma, learned counsel for the writ petitioner. Also heard Mr. B. Sarma, learned CGC appearing for the respondents. The writ petitioner numbering 04 in total had earlier participated in the recruitment process for appointment as Constable (GD) in Central Armed Police Force (CAPFs), in the NIA and SSF as well as Rifleman (GD) in the Assam Rifles. The selection process was conducted by the Staff Selection Commission (SSC) in terms of the advertisement notice Page No.# 3/5 dated 21-07-2018. All the writ petitioners hail from the northeastern region and belong to the reserved category of candidates. During the selection process, some relaxation was given to the petitioners in respect of physical standards insofar as measurement of their chest and heights etc. are concerned as per the notified policy of the respondents. On conclusion of the selection process, the petitioners claim to have scored more marks than the general category of candidates. However, their names were not included in the final select list allegedly on account of the fact that having already availed relaxation in measurement of their chest/ height, the petitioners could not claim further relaxation. Mr. Sarma submits that the aforesaid aspect of the matter came up for consideration before this Court in number of writ petitions, wherein this Court had clarified that relaxation in chest measurement and height given to the candidates coming from northeastern region cannot take away their claim for appointment based on merit position and therefore, the impugned action on the part of the respondent authority in not including the name of the writ petitioners in the select list on merit basis was illegal. By producing a copy of the order dated 07-06-2022 passed in W.P.(C) No. 1684/2021 and another order dated 25-01-2023 passed by this Court in W.P.(C) No. 74/2023, Mr. Sarma submits that the petitioners would be entitled to a similar order directing the authorities to consider their cases on merit and accommodate them against the available vacancies. The aforesaid orders were passed by this Court by taking note of the law laid down in the case of Hemant Pokhriyal Vs. SSC & Ors. passed in W.P.(C) No. 4982/2021 decided on 01-10-2021. Mr. B. Sarma, learned CGC submits on instruction that all writ petitioners would be Page No.# 4/5 entitled to the benefit of similar orders passed by this Court earlier. By the order dated 07-06-2022, the learned Single Judge while relying upon the decision rendered in the case of Hemant Pokhriyal (Supra) had made the following directions:- "14. In the aforesaid backdrop, this writ petition is allowed. As posts were kept vacant under interim orders of this Court, it is directed that the respondent authorities should accommodate the petitioners, against those vacancies. While doing so, the respondent authority will verify the case of the petitioners herein and their marks and if they have obtained marks above the cut off mark of last general category candidates, as discussed herein above, they will be accommodated against those posts. The entire exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners." In another order passed in W.P.(C) No. 74/2023, this Court had passed similar order on 25-01-2023 with the following directions: "Taking note of the submission 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. With the above observations, the writ petition stands disposed of."

In view of the stand of the learned CGC as noted above and considering the earlier orders passed by this Court in similar matters, I dispose of this writ petition with a direction that the cases of the writ petitioners shall also be considered in the light of the observations made hereinabove within 06 months from the date of receipt of a certified copy of this order and necessary order of appointment be issued in favour of the candidates who are found to be entitled to the same on merit. Page No.# 5/5 The writ petition stands disposed of accordingly.

JUDGE GS Comparing Assistant

PageoNo.#o1/5 GAHC010057192021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o Caseo:oWP(C)/6823/2021 BHASKARoBHUYANoANDo3oORS S/OoNARENoBHUYAN oR/OoVILL-SATULAoCHUK oPO-SISSIBORGAON PS-SILAPATHAR DIST-DHEMAJI ASSAM oPIN-787110 2:oTANUoMOHANoDAS S/O-PABITRAoDAS oR/OoVILL-KATHALoGURI oPO-oCHIPONoCHILA oPSoANDoDISToBONGAIGAON oPINo-783380 o3:oAJIToKUMAL S/OoRATEoKUMAL oROoVILLoKHAJUAoNEPALI oPOoJUGISUTI oPSoDHAKUAKHANA oDIST-LAKHIMPURo oASSAM o4:oBHABAJIToMELSODHA S/OoSURENoMELSODHA oR/OoVILLoANDoPO-oMAJIKUCHI oPS-GOHPUR oDIST-BISWANATH oASSAM oVERSUS THEoUNIONoOFoINDIAoANDo3oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo Page No.# 2/5 OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI-1100101 2:UNION OF INDIA REP BY SECRETARY MINISTRY OF PERSONNEL PENSION AND PUBLIC GRIEVANCE DEPARTMENT OF PERSONNEL AND TRAINING NORTH BLOCK NEW DELHI-110001 3:STAFF SELECTION COMMISSION REP 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 PO- ASSAM SACHIVALAYA DISPUR GUWAHATI- 781006 ------------ Advocate for : MR. K KONWAR Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM