Swmdwn Basumatary v. The Union of India and 6 Ors

ORDER

01.04.2024. Heard Mr. Z. Islam, learned counsel for the petitioner. Also heard Ms. B Sarma, learned Central Government Counsel (CGC) for all the respondents.

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

¶3Shri Islam, learned counsel for the petitioner submits that this case is covered by the order dated 05.01.2024 passed in WP(C) No.7588/2023.

¶4Ms. Sarma, 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 petitioner can be appointed against General Category post provided his 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 petitioner cannot disentitle him for consideration against the General Candidate vacancies if he has secured more marks than the last selected General Category candidates.

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¶7In view of above, this Court directs the respondents to accommodate the petitioner as and when vacancy arises to the post of Constable (GD) in any Central Armed Police Forces after verifying whether the petitioner has secured higher marks than the last selected General Category candidates.

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

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010204512023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5360/2023o SWMDWNoBASUMATARYo S/OoLATEoTARJONoBASUMATARY,oR/OoVILL-oNO.o2oJAYANTAPUR,oP.S.- CHARIDUAR,oP.O.-OUJULIoRANGAGARA,oDIST-SONITPUR,oASSAM,oPIN- 784103 VERSUSo THEoUNIONoOFoINDIAoANDo6oORSo REPRESENTEDoBYoTHEoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS, GOVT.oOFoINDIA,oNEWoDELHI-1 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMAN oBLOCKoNO.o12 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-03 3:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oGUWAHATI oASSAM oHOUSEoFEDoCOMPLEX oDISPUR oGHY-6 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCE oBLOCKoNO.o10 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-03 Page No.# 2/4 5:THE DIRECTOR GENERAL SASHASTRA SEEMA BAL 5-6 VIVEKANANDA MARG EAST BLOCK R.K. PURAM NEW DELHI-22 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-0 Advocate for the Petitioner : MR. U SAIKIA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI