Page No.# 1/9 vs The Union Of India And 3 Ors
2023 Latest Caselaw 2871 Gua

                                                                   Page No.# 1/9

GAHC010037752021




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

                          Case No. : WP(C)/2135/2021

         PINKU ROY AND 26 ORS
         S/O SAMBHU ROY, R/O VILL-SOUTH TOKRERCHARA PT-II, P.O. AND P.S.-
         GOLAKGANJ, DIST-DHUBRI, ASSAM, PIN-783334

         2: JYOTISH CHANDRA RAY
          S/O SADANANDA RAY
          R/O VILL-KHEKSIALY
          P.O.-DEBOTTOR HENDAHA
          P.S.-GOLAKGANJ
          DIST-DHUBRI
         ASSAM
          PIN-783334

         3: KINGSHUK MAHANTA
          S/O BISHNU MAHANTA
          R/O VILL-BALAJAN
          P.O.-BALAJAN
          P.S.-GAURIPUR
          DIST-DHUBRI
         ASSAM
          PIN-783331

         4: PARMESWAR ROY
          S/O SOSHI MOHAN ROY
          R/O VILL-NALIA PT-III
          P.O.-DIMAKURI
          P.S.-GOLAKGANJ
          DIST-DHUBRI
         ASSAM
          PIN-783334

         5: BIKRAM ROY
          S/O LAKHI KANTA ROY
          R/O VILL-PUB-GAIKHOWA
                              Page No.# 2/9

P.O. AND P.S.-GOLAKGANJ
DIST-DHUBRI
ASSAM
PIN-783334

6: GAURANGA ROY
 S/O KHITIN ROY
 R/O VILL-JHASKAL PT-III
 P.O.-JHASKAL
 P.S.-AGOMANI
 DIST-DHUBRI
ASSAM
 PIN-783335

7: RAHUL RAY
 S/O NIRENDRA NATH RAY
 R/O VILL-BATUATOLI
 P.O.-DEBOTTAR HASDAHA
 P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

8: KHANINDRA RAY
 S/O BINOD CHANDRA RAY
 R/O VILL-GAIKHOWA PT-II
 P.O. AND P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

9: RABIN CHANDRA ROY
 S/O DINESH CHANDRA ROY
 R/O VILL-LAKHIMARI PT-III
 P.O.-LAKHIMARI
 P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

10: DHANJIT RAY
 S/O HITESHWAR RAY
 R/O VILL-SOULMARI PT-II
 P.O.-KACHARIGHAT
 P.S.-DHUBRI
 DIST-DHUBRI
ASSAM
 PIN-783334
                                    Page No.# 3/9


11: KESHAB CHANDRA RAY
 S/O AMULYA KUMER ROY
 R/O VILL-DEBOTTAR HASDAHA PT-II
 P.O.-KACHARIGHAT
 P.S.-DHUBRI
 DIST-PIN-783334

12: BHAGIRATH ROY
 S/O DWIPEN ROY
 R/O VILL-PUB-GAIKHOWA
 P.O. AND P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

13: MRIDUL RAY
 S/O BIBHASH RAY
 R/O VILL-BALAJAN PT-I
 P.O.-BALAJAN
 P.S.-GAURIPUR
 DIUST-DHUBRI
ASSAM
 PIN-783331

14: RAJU MONDAL
 S/O UPEN MANDOL
 R/O VILL-JHASKAL
 P.O.-JHASKAL
 P.S.-AGOMANI
 DIST-DHUBRI
ASSAM
 PIN-783335

15: RAJU ROBI DAS
 S/O LAKSHMILAL ROBI DAS
 R/O VILL-GERAMARI PT-V
 P.O.-GERAMARI
 P.S.-GAURIPUR
 DIST-DHUBRI
ASSAM
 PIN-783132

16: DHANI RAM RAY
 S/O MOHESH CHANDRA ROY
 R/O VILL-BHER BHERI
 P.O.-TAMARHAT
 P.S.-TAMARHAT
                                       Page No.# 4/9

DIST-DHUBRI
ASSAM
PIN-783332

17: ARJUN CHANDRA ROY
 S/O DHANANJOY CHANDRA ROY
 R/O VILL-DEBOTTAR RAIPUR
 P.O.-GERAMARI
 P.S.-GAURIPUR
 DST-DHUBRI
ASSAM
 PIN-783339

18: SHIV KANTA ROY
 S/O LT. BIREN CHANDRA ROY
 R/O VILL-BHOGDAHAR
 P.O.-PATAMARI
 P.S.-DHUBRI
ASSAM
 PIN-783324

19: INDROJIT CHANDRA ROY
 S/O HALESWAR ROY
 R/O VILL-BHOGDANGA
 P.O.-DIMAKURI
 P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

20: RANJIT BARMAN
 S/O RADHA KANTA BARMAN
 R/O VILL-NO. 2 SOUTH MUSALMAN PARA
 P.O.-KAMALSING
 P.S.-GOSSAIGAON
 DIST-KOKRAJHAR
ASSAM
 PIN-783336

21: BHASKAR DAS
 S/O HAREN DAS
 R/O VILL-GAURIPUR
 LAWKHOARPAR
 P.O.-GAURIPUR
 P.S.-GAURIPUR
 DIST-DHUBRI
ASSAM
 PIN-783331
                                    Page No.# 5/9


22: DIPANKAR SARKAR
 S/O AJIT CHANDRA SARKAR
 R/O VILL-MADAIKHALI
 P.O. AND P.S.-ASHARIKANDI
 DIST-DHUBRI
ASSAM
 PIN-783331

23: JAYANTA BARMAN
 S/O UPEN CHANDRA BARMAN
 R/O VILL AND P.O.-BISHKHOWA
 P.S.-GOLOKGANJ
 DIST-DHUBRI
ASSAM
 PIN-7883334

24: BHARAT SINGH
 S/O BHAKTA RANJAN SINGH
 R/O VILL-KANURI PT-III
 P.O.-BISHKHOWA
 P.S.-GOLOKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

25: BUDHA DEB SUTRADHAR
 S/O SWAPAN KUMAR SUTRADHAR
 R/O VILL-SAPATGRAM
WARD NO. 1
 P.O. AND P.S.-SAPATGRAM
 DIST-DHUBRI
ASSAM
 PIN-783337

26: MINTU ROY
 S/O NARAYAN CH. ROY
 R/O VILL-SOUTH TOKRERCHARA P9-3
 P.O. AND P.S.-GOLAKGANJ
 DIST-DHUBRI
ASSAM
 PIN-783334

27: PANKAJ ROY
 S/O NRIPEN ROY
 R/O VILL-SOUTH TOKRERCHARA PT-2
 P.O. AND P.S.-GOLAKGANJ
 DIST-DHUBRI
                                                                    Page No.# 6/9

             ASSAM
             PIN-78333

            VERSUS

            THE UNION OF INDIA AND 3 ORS
            THE DEPARTMENT OF MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
            CENTRAL SECRETARIAT, NEW DELHI, PIN-110001, REPRESENTED BY THE
            SECRETARY, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS

            2:THE CHAIRMAN
            THE STAFF SELECTION COMMISSION
             BLOCK NO. 12
             4TH FLOOR
             CGO COMPLEX
             LODHI ROAD
             NEW DELHI
             PIN-110003

            3:THE UNDER SECRETARY
            THE STAFF SELECTION COMMISSION
             BLOCK NO-12
             4TH FLOOR
             CGO COMPLEX
             LODHI ROAD
             NEW DELHI-110003

            4:THE REGIONAL DIRECTOR
             STAFF SELECTION COMMISSION
            THE NORTH EAST REGION OF INDIA
            THE REGIONAL OFFICE AT DISPUR HOUSEFED COMPLEX
            WIRELESS
             GUWAHATI-06
             DIST-KAMRUP(M)
            ASSAM-78100

Advocate for the Petitioner   : MR S K SARKAR

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




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                             ORDER

04/08/2023 Page No.# 7/9

Heard Mr. H.R. Ahmed, learned counsel for the writ petitioners and Mr. B. Sarma, learned CGC, appearing for the respondents.

2. The petitioners herein belong to Other Backward Classes (OBC) and Scheduled Caste (SC) categories. All the petitioners had participated in the selection process for recruitment of Constables (General Duty) in Border Security Force (BSF), Central Industrial Security Forces (CISF), Central Reserve Police Force (CRPF), Indo Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), National Intelligence Agency (NIA) and Secretariat Security Force (SSF) and Rifle Man (General Duty) in Assam Rifles. Such selection process was initiated by Staff Selection Commission by its advertisement dated 21.07.2018. However, on conclusion of the process, the petitioners were not selected despite having scored more marks than the unreserved candidates and no appointment orders were issued to the petitioners.

3. Similarly situated petitioners had earlier approached this Court by filing WP(C) 3764/2021 raising a similar grievance. After taking note of the facts of the case as well as the law laid down by the Delhi High Court in Hemant Pokhriyal Vs. Staff Selection Commission & Ors. [WP(C) 4982/2021 decided on 01/10/2021] and also the decision rendered in the case of Arpan Chowdhury Vs. Union of India and others rendered by the Tripura High Court in connection with WP(C) 117/2021, the learned Single Judge was of the opinion that the petitioners were entitled to be appointed. Accordingly, the writ petition was disposed of with a direction to the respondents to accommodate those petitioners in any of the CAPFs, within a period of three months from the date of receipt of certified copy of the order.

4. By referring to the order dated 11/08/2022 passed by the learned Single Page No.# 8/9

Judge in WP(C) 3764/2021, Mr. Ahmed submits that the issues raised in this writ petition will be covered by the order passed in W.P.(C) No. 3764/2021 and, therefore, he submits that this writ petition be disposed of with a similar direction.

5. Mr. B. Sarma, learned CGC, in his usual fairness, submits that the petitioners' case would be covered by the previous decision of this Court but since in the meantime, all the vacant posts of Constables (General Duty) in Border Security Force (BSF), Central Industrial Security Forces (CISF), Central Reserve Police Force (CRPF), Indo Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), National Intelligence Agency (NIA) and Secretariat Security Force (SSF) and Rifle Man (General Duty) in Assam Rifles coming under the advertisement notice dated 21/07/2018 have already been filled up, the petitioners may be accommodated in any other division of Armed Police Force.

6. Mr. H.R. Ahmed, learned counsel for the petitioners submits that the petitioners will have no objections if such recourse is taken so long as they are issued the orders of appointment without further delay.

7. After perusal of the order dated 11.08.2022 passed by this Court in W.P.(C) No. 3764/2021 and also the Judgment of the Division Bench of Delhi High Court in W.P(C) No. 4982/2021 (Hemant Pokhriyal Vs. Staff Selection Commission & Ors) as well as Judgment dated 07.12.2021 passed by the Tripura High Court in W.P(C) No. 117/2021 (Arpan Chowdhury Vs. Union of India & Ors) and also taking note of the submissions advanced by the learned counsels for the parties, this Court finds that the matter is covered. Accordingly, this Court is of the view that the respondents cannot disentitle the petitioners for consideration against Other Backward Classes (OBC) and Scheduled Caste (SC) vacancies if they have secured more marks than the last selected Other Backward Classes (OBC) and Page No.# 9/9

Scheduled Caste (SC) category candidates.

8. In view of the reasons stated above, the respondents are directed to accommodate the petitioners and appoint them in vacant posts of Constables (General Duty) in any Central Armed Police Force within a period of three (3) months from the date of receipt of a certified copy of this order, after verifying whether the petitioners have secured higher marks than the last selected general category candidates.

9. With the above observations, the writ petition stands disposed of.

JUDGE

Comparing Assistant