Debendra Nath v. The State of Assam and 5 Ors

ORDER

13.09.2023 Heard Shri B. Islam, learned counsel for the petitioner.

¶2The petitioner, who belongs to the OBC category had applied in a recruitment process vide an advertisement dated 21.01.2013 by the State Level Police Recruitment Board. It is the case of the petitioner that he had passed the Physical Standard Test (PST) and was also held to be medically fit and even thereafter, he was declared to be not selected. Shri Islam, learned counsel for the petitioner has submitted that having passed the PST and also being medically fit and having appeared in the interview, such rejection could not have been done. The petitioner is also annexed a copy of the order dated 09.08.2023 of this Court passed in WP(C)/2243/2023.

¶3On the other hand, Shri JK Goswami, learned Additional Senior Government Advocate has submitted that there are no grounds, whatsoever, pleaded in the writ petition in support of the present challenge. He submits that PST and Medical are only eligibility criteria and the selection is done amongst the eligible candidates on the basis of their merits which are assessed by means of written test as well as interview.

¶4Shri B. Choudhury, learned counsel for the respondent no. 5 also endorses the submission of Shri Goswami, learned Additional Senior Government Page No.# 3/3 Advocate and additionally submits that there is no basis of the present challenge. He further submits that a writ petition which is filed by the unsuccessful candidate after submitting himself in a recruitment process is not to be entertained in a routine manner unless some definite grounds are made out. He submits that in the instant case, there are no grounds at all.

¶5After hearing learned counsel for the parties, this Court has noticed that though a challenge has been projected with regard to non-selection of the petitioner in the recruitment process initiated vide the advertisement dated

21.01.2023, the petitioner seems to have been proceeded on the presumption that having qualified in the PST and being declared to be medically fit, he is entitled for appointment which is not a correct presumption. This Court finds force in the argument made by the learned counsel for the respondents that the aforesaid two components are only on the eligibility criteria and the candidate have to compete on merits in the written test as well as oral interview.

¶6As reflected above, no grounds have been taken on any discrepancy in the written test or oral interview. The order dated 09.08.2023 passed in WP(C)/2243/2023 sought to be relied upon by the petitioner has no manner of application as the said case pertains to rejection on the ground of over age which is not the facts of the present case.

¶7In view of the above, the writ petition is held to be without merit and accordingly the same is dismissed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010194542023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5245/2023o DEBENDRAoNATHo S/OoLATEoJOGESHoNATH,oR/OoVILL-LUTAPARA,oP.O.-HELAGARI,oP.S.- SAPATGRAM,oDIST-DHUBRI,oASSAM,oPIN-783345 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oHOMEoANDoPOLITICALoDEPARTMENT,oDISPUR,oGUWAHATI- 781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPERSONNELo(B)oDEPARTMENT oDISPUR oGUWAHATI-06 3:THEoCHAIRMAN oSTATEoLEVELoPOLICEoRECRUITMENToBOARD oREHABARI oGUWAHATI-08 4:THEoDEPUTYoCOMMISSIONER oDHUBRI oP.O.oANDoDIST-oDHUBRI oASSAM 5:THEoSTATEoLEVELoRECRUITMENToCOMMISSIONoFORoGRADE-IVoPOSTS oASSAMoADMINISTRATIVEoSTAFFoCOLLEGE oJAWAHARoNAGAR oKHANAPARA oGUWAHATI-22 6:THEoDIRECTORoGENERALoOFoPOLICE oASSAM Page No.# 2/3 ULUBARI GUWAHATI- Advocate for the Petitioner : MR. A A MONDAL Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI