Kalyan Chutia v. The Union of India and 3 Ors

ORDER Date : 06/11/2024

Heard Mr. R. Sarma, learned counsel for the writ petitioner. The writ petitioner herein is aggrieved due to his non-selection in the recruitment process initiated by the Staff Selection Commission (SSC) for filling up various posts of Constables in the Central Armed Police Forces (CAPF), which process was initiated by the advertisement notice dated 21/07/2018. It is apparent from the materials available on record that the select list which was published on 21/01/2021, did not contain the name of the petitioner amongst the list of successful candidates. Notwithstanding the same the petitioner did not ventilate his grievance at that time. This writ petition has been filed only on 04/22/2024 i.e. after a delay of more than 3 (three) years. In the meantime, the vacancies have apparently been filled up by operating the select list. Ms. S. Baruah, learned CGC, has argued that the writ petition is hit by delay and laches and this Court vide order dated 23/10/2024 passed in WP(C) 4425/2024 has dismissed similar writ petition on the ground of delay. I have perused the order dated 23/10/2024 passed in WP(C) 4425/2024 and have also gone Page No.# 3/3 through the statements made in the writ petition. I find that there is no satisfactory explanation on the part of the petitioner as regards the delay in approaching this Court. Under the circumstances, this Court is of the opinion that there is no good ground to entertain the writ petition at this distant point of time. The writ petition, therefore, stands dismissed purely on the grounds of delay and laches on the part of the writ petitioner.

JUDGE Sukhamay Comparing Assistant

PageoNo.#o1/3 GAHC010232652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5688/2024o KALYANoCHUTIAo S/O-oMANURAMoCHUTIA,o R/O-oVILLAGE-oSISIBORGAON,o P.S-oSILAPATHAR,oDIST-DHEMAJI,oASSAM,oPIN-787110 VERSUSo THEoUNIONoOFoINDIAoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoINDIA,o MINISTRYoOFoHOMEoAFFAIRS,oNEWoDELHI-01 2:UNIONoOFoINDIA oREP.oBYoITSoSECRETARYo oMINISTRYoOFoPERSONNEL oPENSIONoANDoPUBLICoGRIEVANCES oDEPARTMENToOFoPERSONNELoANDoTRAINING oNORTHoBLOCK o NEWoDELHI-01 3:THEoSTAFFoSELECTIONoCOMMISSION oREPRESENTEDoBYoTHEoCHAIRMAN oBLOCKoNO.12 oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-o110003 4:THEoREGIONALoDIRECTORo(NER) oSTAFFoSELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oLASToGATE oBELTOLA Page No.# 2/3 BASISTHA ROAD P.O. ASSAM SACHIVALAYA DISPUR GUWAHATI ASSAM-781006 Advocate for the Petitioner : MR. R SARMA, MR. D K ROY Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM