Swarup Paul v. The Union of India and 3 Ors

ORDER

11.11.2024 Heard Mr. S. Borthakur, 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 candidature has been arbitrarily rejected. Hence, this writ petition. Mr. Borthakur 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. Page No.# 3/3 Opposing the said submission, Ms. S. Baruah, 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 candidate(s) 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 petitioner 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 from today 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 Comparing Assistant

PageoNo.#o1/3 GAHC010232302024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5684/2024o SWARUPoPAULo S/O-oSATYAoRANJANoPAUL,oVILLAGEoNO.o3oGORESWAR,oP.O.oGORESWAR,o P.S.oGORESWAR,oDIST.oTAMULPUR,oASSAM,oPIN-o781366. VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-110001. 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA oTHEoMINISTRYoOFoPERSONAL oPUBLICoGRIEVANCESoANDoPENSIONS oNEWoDELHI-110001. 3:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoHEREINoBYoTHEoCHAIRMAN oBLOCKoNO.o12 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-110003. 4:THEoREGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oLAST oBELTOLA oBASISTHAoROAD oP.O.oASSAMoSACHIVALAYA oDISPUR oGUWAHATI oASSAM-781006. Page No.# 2/3 5:THE DIRECTOR GENERAL OF BORDER SECURITY FORCE BLOCK-10 CGO COMPLEX NEW DELHI-110003 Advocate for the Petitioner : MR S BORTHAKUR, MR. D GOGOI,J RONGPEE Advocate for the Respondent : DY.S.G.I., MRS S BARUAH BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM