Bijoy Chowhan @ Bijoy Chouhan v. The Union of India and 3 Ors

ORDER Date : 06/11/2024

Heard Mr. S. Chauhan, learned counsel for the writ petitioner. Perused the statements made in the writ petition. The petitioner herein had participated in the recruitment process for appointment to the post of Constable (GD) in the Central Armed Police Forces (CAPF) initiated on the basis of recruitment notice dated 24/11/2023. During the process of selection, the petitioner had appeared in the Physical Standard Test (PST) and Physical Efficiency Test (PET). That apart, the petitioner was also subjected to chest measurement, test of hammertoe of both foot and Knock Knee and eye colour vision. According to the petitioner, although he had fulfilled the required norms in all these tests, his Page No.# 3/3 candidature has been arbitrarily rejected. Hence, this writ petition. Mr. Chauhan submits that there is a provision to prefer appeal before the authorities and this Court has already passed similar orders in other writ petitions granting leave to the aggrieved candidates to prefer appeal before the competent authority. Opposing the said submission, Mr. S.S. Roy, learned CGC, submits that provision of preferring appeal before the authority is available if the appeal is preferred on the same day of the date of rejection. As such, no appeal can be preferred at this point of time. In a matter of this nature, it is not understood as to how an aggrieved candidate could prefer an appeal before the competent authority on the same day. Be that as it may, since there is a provision under the recruitment notice permitting the aggrieved candidates to prefer appeal against rejection of candidature, hence, the mere fact that the appeal was not preferred on the same day, cannot in the opinion of this Court, be a ground to deprive the candidate of such alternative appellate remedy. Moreover, this Court is conscious of the fact that similar writ petitions have already been disposed of by granting leave to the petitioners to prefer appeal. In view of the above, this writ petition is hereby disposed of at the motion stage by granting 1(one) week time to the petitioner to prefer appeal before the competent authority. If such an appeal is preferred within a week by enclosing a certified copy of this order, the same be considered on merit and disposed of by a reasoned order. Appointment, if any, made in the vacant post(s), shall be subject to the outcome of the appeal. With the above observations, this writ petition stand disposed of.

JUDGE Sukhamay

Comparing Assistant

PageoNo.#o1/3 GAHC010220542024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5501/2024o BIJOYoCHOWHANo@oBIJOYoCHOUHANo S/O-oSRIoMOHANoCHOWHANo@oMOHANoCHOUHAN,o VILLAGE-oNO.o1oKALAIGAON,o P.O.oANDoP.S.-oKALAIGAON,o DISTRICT-oUDALGURI,oBTR,oASSAM,o PIN-o784525. VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoOFoTHEoMINISTRYoOFoHOMEoAFFAIRS, GOVT.oOFoINDIA,oNEWoDELHI-o110001. 2:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoITSoCHAIRMAN o BLOCKoNO.o12 oCGOoCOMPLEX o LODHIoROAD oNEWoDELHI-o110003. 3:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oNORTHoEASTERNoREGION o HOUSEFEDoCOMPLEX oWESToENDoBLOCK o BASISTHAoROAD oP.O.-oASSAMoSACHIVALAYA Page No.# 2/3 GUWAHATI- 781006. 4:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE BELTOLA- BASISTHA ROAD P.O.- SACHIVALAYA DISTRICT- KAMRUP(M) ASSAM PIN- 781006. 5:THE DEPUTY INSPECTOR-GENERAL OF POLICE CRPF GROUP CENTRE P.O.-AMERINGOG GUWAHATI PIN-78102 Advocate for the Petitioner : MR. S CHAUHAN, R DEB,MR. P MAZUMDER Advocate for the Respondent : DY.S.G.I., MR. S S ROY (CGC) BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM