Page No.# 1/6
GAHC010064042021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2466/2021
KAMAL KRISHNA TALUKDAR AND 6 ORS
S/O- LT. JITENDRA TALUKDAR, R/O- VILL AND P.O. UJANKURI, P.S. HAJO,
DIST.- KAMRUP, ASSAM, PIN- 781102
2: MANISH RAI
S/O- SHRI GANESH RAI
R/O- VILL- GHORAMARI
P.O. MIJIKAJAN
P.S. GINGIA
DIST.- BISWANATH
ASSAM
PIN- 784173
3: JINTU CHOWHAN
S/O- SHRI JAYRAM CHOWHAN
R/O- VILL- GERUA
P.O. AND P.S. KALAIGAON
DIST.- UDALGURI
ASSAM
PIN- 784525
4: PRANJAL DAS
S/O- SHRI LAKSHMAN DAS
R/O- VILL- BOGAPARA
P.O. ATHIABARI
DIST.- BARPETA
ASSAM
PIN- 781377
5: DHARMENDRA CHAUHAN
S/O- RAM CHANDRA CHOUHAN
R/O- VILL- MORIKOLONG CHARIALI
P.O. NAGAON
P.S. SADAR
Page No.# 2/6
DIST.- NAGAON
ASSAM
PIN- 782001
6: TOTA CHOUHAN
S/O- RAM PRABESH CHOUHAN
R/O- VILL- NO. 3 CHIKAJHORA
P.O. JHARBISHPANI
P.S. PANBARI
DIST.- CHIRANG
ASSAM
PIN- 783390
7: SANJIT CHOUHAN
S/O- DEBARAJ CHOUHAN
R/O- VILL- NO. 3 CHIKAJHORA
P.O. JHARBISHPANI
P.S. PANBARI
DIST.- CHIRANG
ASSAM
PIN- 78339
VERSUS
THE UNION OF INDIA AND 3 ORS
REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF HOME
AFFAIRS, NEW DELHI, PIN- 110001
2:THE UNION OF INDIA
REP. BY THE SECY. TO THE GOVT. OF INDIA
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NEW BLOCK
NEW DELHI
PIN- 110001
3:THE STAFF SELECTION COMMISSION
REP. BY ITS CHAIRMAN
BLOCK NO. 12
CGO COMPLEX
LODHI ROAD
NEW DELHI- 110003
4:DIRECTOR GENERAL
CRPF
NEW DELHI-110066
Advocate for the Petitioner : MR. R P KAKOTI SR. ADV.
Page No.# 3/6
Advocate for the Respondent : ASSTT.S.G.I.
Linked Case : WP(C)/3148/2021
PROSHANJIT DAS AND 6 ORS
S/O BENU DAS
R/O VILL-LABARI
P.O.-MAZROWMARI
P.S.-DHEKIAJULI
DIST-SONITPUR
ASSAM
PIN-784117
2: RITURAJ CHETRY
S/O BHIM BAHADUR CHETRY
R/O VILL-KAWAIMARI
P.O.-BENGENA
P.S.-ULUANI
DIST-NAGAON
ASSAM
PIN-782137
3: BASUDEV RIJAL
S/O DILLI RAM RIJAL
R/O VILL AND P.O.-HAWAIPUR
P.S.-KHERONI
DIST-WEST KARBI ANGLONG
ASSAM
PIN-782446
4: SWAPAN MEDHI
S/O SUNAI MEDHI
R/O VILL AND P.O.-DOLOICHUBA
DIST-MORIGAON
ASSAM
PIN-782105
5: HIMANGSHU PATHGIRI
S/O DIGEN SHILL
R/O VILL-BORGHOLA PART-2
P.O.-CHALANTA PARA
P.S.-JOGIGHOPA
DIST-BONGAIGAON
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ASSAM
PIN-783388
6: DEBABRATA SUTRADHAR
S/O SRI MAHANANDA SUTRADHAR
R/O VILL- AMGURI PT-I
P.O.-LOTIBARI
P.S.-ABHAYAPURI
DIST-BONGAIGAON
ASSAM
PIN-783384
7: ANKU KUMAR DAS
S/O KRISHNA MOHAN DAS
R/O VILL-MOHANPUR PART-VI
P.O.-MOHANPUR
P.S.-ALGAPUR
DIST-HAILAKANDI
ASSAM
PIN-788150
VERSUS
THE UNION OF INDIA AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF HOME AFFAIRS
NEW DELHI
PIN-110001
2:THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NEW BLOCK
NEW DELHI
PIN-110001
3:THE STAFF SELECTION COMMISSION
REPRESENTED BY ITS CHAIRMAN
BLOCK NO. 12
CGO COMPLEX
LODHI ROAD
NEW DELHI-110003
4:THE DIRECTOR GENERAL
CRPF
NEW DELHI-110066.
------------
Advocate for : MR. R P KAKOTI SR. ADV.
Advocate for : ASSTT.S.G.I. appearing for THE UNION OF INDIA AND 3 ORS
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BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 03-08-2022 Heard Mr. S. Sutradhar, learned counsel for the petitioners and Mr. K.K. Parasar, learned CGC for the respondents No. 1 to 4.
2. The petitioners herein participated in a selection process for recruitment of Constable (G.D.) in CAPFs, National Investigation Agency (NIA), Secretariat Security Force (SSF) and Rifleman (G.D.) in Assam Rifles. All the petitioners belong to the reserved category of OBC and ST. Being the candidates of the reserved category of OBC and ST from the State of Assam, they are entitled to certain relaxation in the height and chest measurement. Accordingly, the petitioners were given the relaxation and they participated in the selection process by competing with the other candidates equally in respect of all other criteria of selection. In the criteria of written test and other selection procedures, the petitioners had secured enough marks to have been otherwise appointed on the basis of merit against the unreserved category. But the same had been denied to them on the ground that they had initially obtained relaxation for the criteria of height and chest measurement on the basis of belonging to OBC and ST category.
3. This issue had already been decided by the Court in its judgment dated 07.06.2022 in WP(C) No. 1684/2021, wherein it had been held that the relaxation as a reserved category candidate was given to the petitioners therein only for the purpose of their height and chest measurement and once that was given, they were made eligible to participate in the selection process and thereafter, competed on merit with other candidates. In view of such Page No.# 6/6 circumstance, it was held that the benefit of being selected on merit as an unreserved category candidate on the basis of merit performance cannot be denied to such category of candidates.
4. As the issue had already been decided by the judgment dated 07.06.2022 in WP(C) No. 1684/2021, we follow the said judgment and provide that in the circumstance if the petitioners had secured enough marks in the selection process to compete on merit with the unreserved candidates, the benefit thereof be provided to the petitioners.
5. In respect of WP(C) No. 3148/2021, we have been informed that no post had been ordered to have been kept vacant in the interim. If it is so, the respondents may consider the same and pass appropriate orders as advisable under the law.
6. Mr. S. Sutradhar, learned counsel for the petitioners also raises a contention that the height and chest measurement are already prefixed in the advertisement itself in respect of the candidates belonging to the State of Assam and from such point of view, it can also be construed that no relaxation was made in favour of the petitioners, but they were only the beneficiaries of the benefit provided in the advertisement itself. The aforesaid submission is also taken note of.
Writ petition stands disposed of as indicated above.
JUDGE Comparing Assistant