Parag Medhi v. Union of India and 3 Ors

ORDER Date : 09.01.2023 Heard Mr.R. Sharma, the learned counsel appearing on behalf of the petitioner and Ms. B. Sarma, the learned C.G.C. appearing on behalf of the respondents.

¶2The petitioner herein had participated in the selection process for the post of Constable (GD) in the CAPFS pursuant to an employment notice dated 21/7/2018. The petitioner herein belong to the reserved category for which the petitioner is entitled to relaxation in the required height and size of chest. By availing such relaxation as regards height and chest, the petitioner entered the selection process as reserved category candidate. However, in the selection process, as per merit list, the petitioner was above in the merit to the last selected General candidates and as such he claimed that he should be selected and appointed as General candidate.

¶3From the materials on record, it transpires that the writ petitioner has secured higher position than the last selected candidates in the General candidate and that he has not availed any benefit of age relaxation. Page No.# 3/4 Though the petitioner secured more marks than some of the selected candidates, he has not been selected and appointed.

¶4Ms. B. Sarma, the learned CGC appearing on behalf of the respondents have submitted that the petitioner secured marks above the last of the General category candidates, who have been selected.

¶5It is well settled principle of law that if a reserved category candidates secures more marks than the last selected General category candidates, his/her candidature is to be considered as a General candidate for merit purpose.

¶6Applying the said law, this Court is therefore of the opinion that the petitioner i.e. Sri Parag Medhi, who as per the learned counsel appearing on behalf of the respondents has secured more than the last selected General category candidates is entitled to be selected and appointed as Constable(GD) as General category candidates.

¶7At this stage, this Court would also like to take note of the submission made by the learned counsel for the respondents, who stated upon instructions, that though the post which were advertised had been filled up already but taking into account various similar orders being passed by this Court as well as the Delhi High Court in similar circumstances, the respondent authorities have granted appointment to those reserved category candidates who have secured more marks than the last selected general category candidates.

¶8In view of the above, therefore, this Court directs the respondent authorities to apply the same yardsticks and pass appropriate appointment Page No.# 4/4 orders in favour of the petitioner i.e. the name of whom has been referred to hereinabove.

¶9The said exercise be carried out at the earliest by the respondent authorities.

¶7Accordingly, the instant petition stands disposed off in terms with the above observations and directions.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010230712022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7230/2022o PARAGoMEDHIo S/O.oLT.oRATANoMEDHI,oVILL.oDUMURIA,oP.O.oBHOUKAMARI,oDIST.o BAJALI,oASSAM,oPIN-781325. VERSUSo UNIONoOFoINDIAoANDo3oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-1100101. 2:UNIONoOFoINDIA oREP.oBYoITSoSECRETARY oMINISTRYoOFoPERSONNELoPENSIONoANDoPUBLICoGRIEVANCE oDEPTT.oOFoPERSONNELoANDoTRAINING oNORTHoBLOCK oNEWoDELHI-110001. 3:STAFFoSELECTIONoCOMMISSION oREP.oBYoTHEoCHAIRMAN oLODHIoROAD oBLOCKoNO.o12 oCGOoCOMPLEX oNEWoDELHI-110003. 4:REGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oLASToGATEoBASISTHAoROAD oPO.oASSAMoSACHIVALAYA Page No.# 2/4 DISPUR GUWAHATI 781006 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH