Shanidul Islam v. The Union of India and 8 Ors

ORDER Date : 04/11/2024

Heard Mr. D. Deka, learned counsel for the writ petitioner. Also heard Ms. S. Baruah, learned Page No.# 3/4 CGC, appearing for the respondents. The writ petitioner herein had participated in the recruitment process for filling up various posts of Constables (General Duty) in the different Central Armed Police Forces, initiated on the basis of advertisement notice dated 24/11/2023. According to the petitioner, he had participated in the Physical Efficiency Test (PET) and Physical Standard Test (PST) wherein, various parameters including the height of the petitioner was measured. His height was found be 164.5 cms. However, it is alleged that on an erroneous application of the relevant Rules and notifications, the petitioner has been disqualified on the ground that his height fell short by .5 cms. Ms. S. Baruah, learned CGC, appearing for the respondents submits that similar writ petitions have been disposed of by this Court by granting leave to the candidates to prefer an appeal before the competent authority and, therefore, she would have no objection, if a similar order is passed in this case as well. Mr. Deka, learned counsel for the petitioner has also agreed to such an order. I find that by order dated 17/05/2024 passed in WP(C) No. 2641/2023, a similar writ petition was disposed of by this Court by granting leave to the petitioner to prefer appeal. In view of the above and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the stage of motion hearing, by granting two weeks time to the petitioner from today, to prefer an appeal before the competent authority against the rejection of his candidature. If such an appeal is filed within two weeks by enclosing a certified copy of this order, the same shall be taken on record and be disposed of by a reasoned order, as expeditiously as possible but not later than 30(thirty) days from the date of filing of the appeal. Until such time the aforesaid exercise is completed, 1(one) post of Constable (GD) in the Page No.# 4/4 Central Armed Police Force qua the writ petitioner, be kept vacant With the above observation, the writ petition stands disposed of.

JUDGE Sukhamay

Comparing Assistant

PageoNo.#o1/4 GAHC010217752024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5387/2024o SHANIDULoISLAMo S/O-oJAHANURoISLAM,oR/O-oVILL-oBOALKAMRIoPT-I,oP.O.oBOALKAMRI,o DIST-oDHUBRI,oASSAM-o783348 VERSUSo THEoUNIONoOFoINDIAoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoGOVT.oOFo INDIA,oMINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-o110001 2:THEoSTAFFoSELECTIONoCOMMISSIONo(SSC) oREPRESENTEDoBYoTHEoCHAIRMAN/SECRETARY oSTAFFoSELECTIONoCOMMISSION oBLOCK-12 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-o110003 3:THEoREGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oRUKMINIoNAGAR oP.O.-oASSAMoSACHIVALAYA oGUWAHATI-06 4:THEoDIRECTORoGENERAL oBORDERoSECURITYoFORCEo(BSF) oBLOCKoNO.o10 oLODHIoROAD oPRAGATIoVIHAR oNEWoDELHI-o110003 5:THEoDIRECTORoGENERAL Page No.# 2/4 CENTRAL INDUSTRIAL SECURITY FORCE (CISF) BLOCK NO. 13 CGO COMPLEX NEW DELHI- 110003 6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (CRPF) CGO COMPLEX LODHI ROAD NEW DELHI- 110003 7:DIRECTOR GENERAL ASSAM RIFLES NONGRIMMAW LAITUMUKHRAH GORALINE SHILLON MEGHALAYA- 793011 8:DIRECTOR GENERAL INDO TIBETAN BORDER FORCE (ITBP) BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI- 110003 9:DIRECTOR GENERAL SHAHASRA SEEMA BAL (SSB) 5-6 VIVEKANANDA MARG EAST BLOCK R.K. PURAM NEW DELHI- 11002 Advocate for the Petitioner : MR. D DEKA, Advocate for the Respondent : DY.S.G.I., MRS S BARUAH (CGC) BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM