Jitendar Thakur vs The Union Of India And 8 Ors
2022 Latest Caselaw 3276 Gua

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GAHC010062332021




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/2420/2021

         JITENDAR THAKUR
         S/O- SRI MOTILAL THAKUR, R/O- BORBHETA BANGALI GAON, P.O. AND
         P.S. DIST.- TINSUKIA, ASSAM



         VERSUS

         THE UNION OF INDIA AND 8 ORS
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF INDIA, MINISTRY OF
         HOME AFFAIRS, NEW DELHI- 110001

         2:THE STAFF SELECTION COMMISSION
          REP. BY ITS CHAIRMAN
          BLOCK-12 CGO COMPLEX
          LODHI ROAD
          NEW DELHI- 110003

         3:THE REGIONAL DIRECTOR (NER)
          STAFF SELECTION COMMISSION HOUSEFED COMPLEX LAST GATE
          BASISTHAN ROAD
          P.O. ASSAM SACHIVALAYA DISPUR
          GHY
         ASSAM
          PIN- 781001

         4:THE DIRECTOR GENERAL BORDER SECURITY FORCE
          BLOCK NO.10
          CGO COMPLEX
          LODHI ROAD
          NEW DELHI-03

         5:THE DIRECTOR GENERAL SASHATRA SEEMA BALL
          5-6 VIVEKANANDA MARG EAST BLOCK R.K.PURAM NEW DELHI-22
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            6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE
             CGO COMPLEX LODHI ROAD
             NEW DELHI-03

            7:THE DIRECTOR GENERAL INDO TIBETAN BORDER POLICE
             BLOCK NO. IV CGO COMPLEX LODHI ROAD
             NEW DELHI-03

            8:THE DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE
             BLOCK NO. 13 CGO COMPLEX LODHI ROAD
             NEW DELHI-03

            9:THE DIRECTOR GENERAL
            ASSAM RIFLES NONGRIMMAW LAITUMUKHRAH GORALINE SHILLONG
            MEGHALAYA 1

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : ASSTT.S.G.I.




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY
                                    ORDER

30.08.2022

Heard Mr. R.S. Mishra, learned counsel for the petitioner and Mr. K. Gogoi, learned Central Government Counsel [CGC] for all the respondents.

2. The petitioner participated in a selection process for recruitment of Constable [GD] in Central Armed Police Forces [CAPFs], NIA & SSF and Rifleman [GD] in Assam Rifles pursuant to a Notice, published by the Staff Selection Commission on 21.07.2018. The petitioner belongs to OBC category and from North Eastern Region, more particularly, from Assam.

3. The petitioner is aggrieved by non-inclusion of his name in the select list dated 21.01.2021, published by the Staff Selection Commission.

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4. The selection test included Physical Standard Tests [PST], Physical Efficiency Test [PET], and Written Examination. The grievance raised by the petitioner is that though he successfully came out in all segments without availing any individual and additional relaxation granted during the selection process, his candidature had been rejected on the ground that he had taken benefit of relaxed standard as provided to SC/ST and OBC candidates.

5. The necessary facts, in brief, can be exposited as follows :-

5.1. The Staff Selection Commission by Employment Notice dated 21.07.2018 sought application from intending eligible candidates for filling up 54953 numbers of vacancies which was subsequently increased to 60210, for the post of Constables [G.D] in Central Armed Police Forces [CAPFs], NIA & SSF and Rifleman [GD] in Assam Rifles [AR].

5.2. The scheme of Examination, under Clause 9 [III] has provided for required Physical standard. The said clause shows that for the General, SC & OBC candidates [except those mentioned specifically therein], the minimum height for male candidate is 170 cm and female candidate is 157 cm. In case of ST candidates, the same is declared to be 162.5 cm for male and 150 cm for female. A separate standard was provided for some States, including the State of Assam, which is 165 cm for male and 155 cm for female. The measurement of chest, a relaxed standard of 75.5 CM was provided for candidates belonging to some States, including State of Assam.

5.3. Clause - 10, contains the General Instructions and the same are required to be complied with by the candidates during the examinations. Clause 10 [xiii] has provided that those SC, ST, OBC and Ex-Serviceman candidates, who are selected on their own merit without relaxed standards, along with candidates belonging to other communities, will not be adjusted against the reserved category vacancies and such candidate will be accommodated against the unreserved vacancies as per their position in the overall Merit List.

5.4. Clause - 10 [xiv] provides that those SC, ST, OBC and Ex-Serviceman candidates, who qualifies on the basis of relaxation i.e., age limit etc. are to be adjusted against the reserved Page No.# 4/6

vacancy.

6. The petitioner has claimed that he has secured more marks than the General category candidates. The petitioner has, however, been refused appointment on the ground of that he belongs to the reserved category, OBC and though he availed the relaxed standards, he cannot be appointed against vacancies meant for the General category candidates.

7. As per the advertisement, separate standard in respect of north eastern region candidates and SC/ST and OBC candidates were given. On the basis of such relaxed standard, the petitioners participated in the selection process.

8. It is no more res integra that the State and its instrumentalities are within its jurisdiction and competence to prescribe relaxed standard for reserved category candidates, including on the basis of region. The relaxed standard in question as provided, are in respect of eligibility/qualifying standard, such as minimum measurement in height and chest. These are the eligibility criterias/qualifying standard without which, a candidate is not qualified to participate in the other tests such as computer Proficiency Test, Physical Test, Written Examination etc. and the marks are awarded on the basis of performance in the said tests and not on the basis of the qualifying standards. Therefore, the final determination of rank in the select list is based on the marks obtained in the tests and not on the basis of relaxed qualifying standard. Thus, participating in the aforesaid tests and obtaining the marks do not have any nexus with the relaxed standard, which is a general relaxation for all ST/SC candidates and candidate from North Eastern States.

9. There is no dispute that the petitioner herein had scored higher marks then last General Category Candidates. The relaxation in standard was general relaxation and not individual relaxation like date of birth. The petitioners herein competed with the General Category Candidates in the examination securing more marks then the General Category candidates.

10. Mr. Mishra, learned counsel for the petitioner has submitted that two other writ petitions, W.P.[C] no. 811/2021 and W.P.[C] no. 1684/2021, involving similar issues have been Page No.# 5/6

disposed of with certain directions. As the petitioner is similarly situated to the petitioners in W.P.[C] no. 811/2021 and W.P.[C] no. 1684/2021, this writ petition can also be disposed of with similar directions.

11. Mr. Gogoi, learned CGC has not disputed the aforesaid submissions regarding similarity in the case of the petitioner with the petitioners in W.P.[C] no. 811/2021 and W.P.[C] no. 1684/2021 and has submitted that this writ petition can also be disposed of with similar direction.

12. By order dated 07.06.2022, the writ petition, W.P.[C] no. 1684/2021 was disposed of with the following observations and directions :-

11. In a similar factual background, the Delhi High Court in Hemant Pokhriyal Vs- Staff Selection Commission and Ors. in WP[C] No. 4982/2021 and decided on 1st October, 2021, held that relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates exclusively for SC, ST and OBC, ignoring their meritorious position amongst other category candidates. This Court is in Total agreement with such view of the Delhi High Court.

12. The present petitioner, appeared in the same region with relaxed standard and faced the same selection process with other categories. Therefore, the relaxation in qualifying standards for their categories shall not disentitle them for consideration against reserved category vacancies, if they have secured more marks then the General Category candidates.

13. The learned counsel for respondent Union India has fairly submitted that they have already implemented the judgment of the Delhi High Court in Hemant Pokhrial [Supra].

14. In the aforesaid backdrop, this writ petition is allowed. As posts were kept vacant under interim orders of this Court, it is directed that the respondent authorities should accommodate the petitioners, against those vacancies. While doing so, the respondent authority will verify the case of the petitioners herein and their marks and if they have obtained marks above the cut off mark of last general category candidates, as discussed herein above, they will be accommodated against those posts. The entire exercise shall be completed within a period of six weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners.

15. With the above decision, observation, reasons and direction, this writ petition is allowed. Parties to bear their own cost.

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13. By the interim order dated 09.04.2021, one post for the post of Constable [General Duty] earmarked for the State of Assam in any of the services viz. BSF, CISF, CRPF, ITBP, SSB, NIA and SSFR was ordered to be kept vacant for further orders. As one post has been kept vacant in terms of the interim order dated 09.04.2021, it is directed that the respondent authorities shall consider for accommodating the petitioner, against the said vacancy. While doing so, the respondent authorities will verify the case of the petitioner herein and his marks and if he has obtained marks above the cut-off mark of last general category candidates, as discussed hereinabove, he will be accommodated against the said vacancy. The entire exercise shall be completed within a period of 6 [six] weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner.

14. This writ petition with the aforesaid observations and directions, is allowed to the extent indicated. There shall, however, be no order as to cost.

JUDGE

Comparing Assistant