Jintu Mani Talukdar v. The Union of India and 8 Ors

ORDER Date : 01-02-2024

¶1Heard Mr. S.D. Roy, learned counsel for the writ petitioner and Ms. S Baruah, learned counsel for the respondents.

¶2The petitioners herein belong to SC category. The petitioner had applied under the reserved category 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 petitioner had submitted his candidature and had also participated in the selection process. However, on conclusion of the process, the petitioner was not selected despite having scored more marks than the unreserved candidates and no appointment order was issued to the petitioner.

¶3Similarly situated petitioners had earlier approached this Court by filing WP(C) 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. Staff Selection Commission & Ors. [WP(C) 4982/2021 decided on 01/10/2021] and also the decision rendered in the case of Arpan Chowdhury Vs. Union of India and others rendered by the Tripura High Court in connection with WP(C) 117/2021, the learned Single Judge was of the opinion that the petitioners were entitled to be appointed. Accordingly, the writ petition was disposed of with a direction to the respondents to accommodate those petitioners in any of the CAPFs, within a period Page No.# 4/5 of three months from the date of receipt of certified copy of the order.

¶4By referring to the order dated 11/08/2022 passed by the learned Single Judge in WP(C) 3764/2021, Mr. Roy submits that the issues raised in this writ petition will be covered by the order passed in W.P.(C) No. 3764/2021 and, therefore, he submits that this writ petition be disposed of with a similar direction.

¶5Ms. S Baruah, learned counsel for the respondents, on instructions submits that the petitioner's case would be covered by the previous decision of this Court but 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 petitioner may be accommodated in any other division of Armed Police Force.

¶6Mr. S.D. Roy, learned counsel for the petitioner submits that the petitioner will have no objections if such recourse is taken so long as he is issued the order of appointment without further delay.

¶7After perusal of the order dated 11.08.2022 passed by this Court in W.P.(C) No. 3764/2021 and also the Judgment of the Division Bench of Delhi High Court in W.P(C) No. 4982/2021 (Hemant Pokhriyal Vs. Staff Selection Commission & Ors) as well as Judgment dated 07.12.2021 passed by the Tripura High Court in W.P(C) No. 117/2021 (Arpan Chowdhury Vs. Union of India & Ors) and also taking note of the submissions advanced by the learned counsels for the parties, this Court finds that the matter is covered. Accordingly, this Court is of the view that the respondents cannot disentitle the petitioner for consideration against general category Page No.# 5/5 vacancies if he had secured more marks than the last selected general category candidates.

¶8In view of the reasons stated above, the respondents are directed to accommodate the petitioner and appoint him in vacant posts of Constable (GD) in any Central Armed Police Force within a period of three (3) months from the date of receipt of a certified copy of this order, after verifying whether the petitioner has secured higher marks than the last selected general category candidates.

¶9With the above observations, the writ petition stands disposed of

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010194072023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5212/2023o JINTUoMANIoTALUKDARo S/OoSRIoBIMALoTALUKDAR,oR/OoVILLoANDoP.O.-HARIBHANGA,oP.S.-TIHU,o DIST-oNALBARI,oASSAM,oPIN-781378 VERSUSo THEoUNIONoOFoINDIAoANDo8oORS.o REPRESENTEDoBYoTHEoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS, GOVT.oOFoINDIA,oNEWoDELHI-110001 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMAN oBLOCKoNOo12 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-110003 3:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oGUWAHATI oASSAM oHOUSEFEDoCOMPLEX oDISPUR oGHY0781006 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCE oBLOCKoNO.o10 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-110003 5:THEoDIRECTORoGENERAL oSASHASTRAoSEEMAoBAL Page No.# 2/5 5-6 VIVEKANANDA MARG EAST BLOCK R.K. PURAM NEW DELHI-110002 6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (RECRUITMENT) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI-66 7:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE BLOCK NO. 13 CGO COMPLEX LODHI ROAD NEW DELHI-110003 8:THE DIRECTOR GENERAL INDO TIBETAN BORDER POLICE FORCE BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI-110003 9:THE DIRECTOR GENERAL ASSAM RIFLES NONGRIMAW LAITUMUKHRAH GORALINE SHILLONG MEGHALAYA-79301 Advocate for the Petitioner : MR. S D ROY Advocate for the Respondent : DY.S.G.I. Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY