The Tripura High Court dismissed the petition seeking recruitment under CAPFs under the UR category and stated that the petitioner could not be considered in the UR category as he appeared after availing of age relaxation for being considered for appointment as Constable under the ST category.
Brief Facts:
The petitioner, a ST candidate participated in the recruitment exercise conducted by SSC and appeared in the written examination, Physical Standard Test, Physical Efficiency Test, and medical examination but his name was not reflected in the merit list of constables in Central Armed Police Forces despite having higher marks.
Contentions of the Respondent:
The learned counsel appearing on behalf of the respondent contended that the petitioner cannot be considered against the UR category since he was overaged as a UR candidate and the petitioner did not clear the cut-off marks in both the ST and UR category. It was further contended that the petitioner approached the court after more than two years of completion of the recruitment process but even on merits he scored lesser marks in his category for staking any legal right or fundamental right for appointment as a Constable.
Observations of the Court:
The court observed that the petitioner has approached the court after two years of the recruitment process and has also not been able to score higher marks in the ST category from which he appeared after availing age relaxation for being considered for appointment as Constable.
It was further stated that the petitioner could not be considered in the UR category as he would be he appeared after availing age relaxation for being considered for appointment as Constable under the ST category and the posts for the candidates have already been fulfilled after the recruitment process and the petitioner is not been able to make out any legal right for grant of relief.
The decision of the Court:
The court dismissed the petition as it was devoid of any merit.
Case Title: Sudhir Debbarma vs Union of India and ors.
Coram: Hon’ble Mr. Justice Aparesh Kumar Singh
Case No.: WP(C) No. 80 of 2023
Advocate for the Applicant: Mr. M. Debnath
Advocate for the Respondent: Mr. B. Majumder
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