Pranab Saikia and 6 Ors v. The Union of India and 8 Ors

ORDER Date : 04-10-2024 Heard Mr. D. Deka, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC for the respondents.

¶2By way of this writ petition under Article 226 of the Constitution of India, the petitioners are seeking direction to the respondents to forthwith qualify the petitioners and allow them to participate in the recruitment process in pursuance of the Advertisement dated 24.11.2023.

¶3The writ petitioners herein had participated in the recruitment process initiated for appointment of Constable/GD in the Central Armed Police Force

(CAPF) in the year 2022.

¶4According to the petitioners, they had undergone Physical Standard Test

(PST) and the Physical Efficiency Test (PET) and emerged as successful. However, subsequent thereto the petitioners were once again subjected to PST and thereafter, disqualified on the ground that they did not meet the chest and Page No.# 5/6 height specification.

¶5Contending that the writ petitioners, who were earlier found to be having the requisite chest and height, could not have been subsequently declared as disqualified on such ground, since the chest and height of the petitioners could not have changed in a period of less than one year.

¶6Ms. Baruah, learned CGC submits that the decision of the authorities is appealable and therefore, she would have no objection if the writ petition is disposed of with a direction upon the petitioners to prefer appeal before the appellate authority to be disposed of in a time bound manner.

¶7Mr. Deka, learned counsel for the petitioner submits that he would also have no objection, if such an order is passed.

¶8In view of the above, this Court is of the considered view that in the interest of justice, this writ petition can be disposed of, at the stage of motion hearing, by providing that the petitioners may prefer an appeal before the appellate authority against the rejection of their candidature. It is ordered accordingly.

¶9It is needless to clarify that if such appeal is filed within a week from today, the same may be considered on merit and upon due verification of facts based on materials on record, a reasoned order be passed therein, as expeditiously as possible, but not later than 30 days from the date of filing the appeal by enclosing a certified copy of this order.

¶10Until such time, the aforesaid exercise is carried out and completed, 7 (seven) posts of Constable/GD in the Central Armed Police Force qua the Page No.# 6/6 present recruitment drive, be kept vacant. The writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010214972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5277/2024o PRANABoSAIKIAoANDo6oORSo S/O-oDIPoSAIKIA,o R/O-oVILL-oMAJIKUCHI,o P.O.-oMAJIKUCHI,o DIST.-oBISWANATH,oASSAM-o784178. 2:oRASHIDoSAHARIYARoHUSSAIN oS/O-oAMIRoHUSSAIN o R/O-oVILL-oKURSAKATI o P.O.-oRANIGANJ oDIST.-oDHUBRI o ASSAM-o783345. 3:oANTAZULoHAQUE oS/O-oAMINULoISLAM o R/O-oVILL-oCHINAMARI o P.O.-oLAKHIoGANJ o DIST.-oDHUBRI oASSAM-o783345. 4:oMANASoJYOTIoKALITA oS/O-oNARSINGoKALITA o R/O-VILL-oKHUDNAMARI o P.O.-oHARALTARI o DIST.-oDHUBRI PageoNo.#o2/6 oASSAM-o783337. 5:oPANKAJoKALITA oS/O-oDEBAoKANTAoKALITA o R/O-oVILL-oBAMUNDIoSRINAGAR o P.O.-oBAMUNDI oDIST.o-KAMRUP(R) o ASSAM-o781103. 6:oSAHIDULoISLAM oS/O-oEYAKUBoALI o R/O-oVILL-oBHADRAoBANGAL o P.O.-oKHATIKUCHI oDIST.-oNALBARI o ASSAM-o781369. 7:oGONJERoALI oS/O-oSUKURoUDDINoSK o R/O-oVILL-oPLABARI o P.O.-oMAKNIJHORA oDIST.-oDHUBRI o ASSAM-o783349o VERSUSo THEoUNIONoOFoINDIAoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoGOVT.oOFo INDIA,o MINISTRYoOFoHOMEoAFFAIRS,o NEWoDELHI-o110001. 2:THEoSTAFFoSELECTIONoCOMMISSIONo(SSC) oREPRESENTEDoBYoTHEoCHAIRMAN/oSECRETARY o STAFFoSELECTIONoCOMMISSION o BLOCK-12 oCGOoCOMPLEX oLODHIoROAD PageoNo.#o3/6 o NEWoDELHI-110003. 3:THEoREGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oRUKMINIoNAGAR oP.O.-oSACHIVALAYA o GUWAHATI-06. 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCEo(BSF) oBLOCKoNO.o10 oLODHIoROAD o PRAGATIoVIHAR oNEWoDELHI-o110003. 5:THEoDIRECTORoGENERAL oCENTRALoINDUSTRIALoSECURITYoFORCEo(CISF) oBLOCKoNO.o13 oCGOoCOMPLEX o NEWoDELHI-o110003. 6:THEoDIRECTORoGENERAL oCENTRALoRESERVEoPOLICEoFORCEo(CRPF) oCGOoCOMPLEX oLODHIoROAD o NEWoDELHI-o110003. 7:DIRECTORoGENERAL oASSAMoRIFLES oNONGRIMMAW oLAITUMUKHRAH o GAROLINEoSHILLONG oMEGHALAYA-o793011. 8:DIRECTORoGENERAL oINDOoTIBETANoBORDERoFORCEo(ITBP) oBLOCK-o10 oCGOoCOMPLEX oLODHIoROAD o NEWoDELHIo-110003. Page No.# 4/6 9:DIRECTOR GENERAL SHAHASRA SEEMA BAL (SSB) 5-6 VIVEKANANDA MARG EAST BLOCK R.K. PURAM NEW DELHI- 110022 Advocate for the Petitioner : MR. D DEKA, Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI