Disposed

Anil Kumar v. the Union of India and 4 Ors.

Gauhati HC10 Feb 2020WP(C)/844/2020

Case brief

AI extract

What is this about?

Writ petition by a candidate rejected for failing to appear in a PST/PET for CAPF/Assam Rifles due to illness. Court curtailed prayer to permit participation in ongoing test, directing respondent authority to dispose of pending internal appeal within three days.

What did the court decide?

Petitioner's claim to participate in ongoing PST/PET rejected; Respondent-2 directed to dispose pending appeal on or before 17.02.2020.

Anil Kumar Vs the Union of India and 4 Ors. — Service and Employment | Gauhati HC (2020)

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Page No.# 1/3

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GAHC010026512020

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

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Case No. : WP(C) 844/2020

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1:ANIL KUMAR

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S/O- RAKESH KUMAR, VILL- TELIPARA, PANERI, PUB PANERI, P.OPANERI, DIST- UDALGURI, ASSAM, PIN- 784523

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VERSUS

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1:THE UNION OF INDIA AND 4 ORS

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MIN OF HOME AFFAIRS, REP. BY THE SECRETARY, R K PURAM, NEW DELHI- 110066

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2:THE CHAIRMAN SSC BLOCK NO.12 CGO COMPLEX LODHI ROAD NEW DELHI- 110003

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3:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK 07 LEVEL-4 SECTOR 01 RK PURAM NEW DELHI- 110066

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4:THE REGIONAL DIRECTOR SSC NORTH EASTERN REGION DISPUR HOUSEFED COMPLEX GUWAHATI ASSAM PIN- 781006

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5:THE COMMANDING OFFICER

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Page No.# 2/3

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24 ASSAM RIFLES LOKRA TEZPUR ASSAM PIN- 53202

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Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : ASSTT.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 10-02-2020

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Heard Mr. M. Khan, learned counsel for the petitioner and Mr. D. C. Bora, learned CGC for all the respondents.

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The petitioner, in terms of the advertisement dated 21.07.2018 for the post of Constable (General Duty) in Central Armed Police Force (CAPF), NIA and SSF and Rifleman (General Duty) in Assam Rifles, applied for the advertised post and passed in the written examination held on 03.03.2019. Though, he was called to appear in the Physical Standard Test (PST)/Physical Efficiency Test (PET) to be conducted by CAPF at AR-Tezpur, 24 Assam Rifles, Lokhra, district Tezpur, Assam on 13.08.2019, but as he reached said Centre just before the said test all the way from his village-Nagla, Gadariya, post- Maidamay, Hathras (Mahamaya Nagar), Uttar Pradesh, he became physically unwell for which he could not appear in the said PST/PET held on 13.08.2019 and asked for another date to appear in such test.

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Due to his non-appearance in said PST/PET on 13.08.2019, his candidature for the said advertised post of Constable (GD), 2018 was rejected by the authority concerned. Thereafter, on 16.08.2019, he filed an appeal before the Chairman, Staff Selection Commission, CGO Complex, New Delhi, which is still pending for consideration before the authority concerned.

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Pursuant to the said advertisement dated 21.07.2018, the Staff Selection Commission again shortlisted 19734 candidates for conducting PST/PET in order to filling up the increased vacancies of Central Armed Force, out of which 8431 are for female candidates and 19101 are for male candidates. Altogether 19734 candidates have been asked to appear in the PST/PET test at 18 different

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Recruitment Centres of CAPFs across the Country and such test are scheduled from 03.02.2020 to 20.02.2020.

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At this stage, by filing this writ petition on 04.02.2020, the petitioner has approached this Court to consider his case and for a direction to the respondent to participate in the ongoing PST/PET with a direction to the respondents to publish his result and to take consequential action depending upon the outcome of his result and further to set aside the impugned rejection slip dated 13.08.2019.

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Petitioner’s appeal dated 16.08.2019 against the impugned rejection slip dated 13.08.2019 with regard to his candidature for the Constables (GD) in CAPFs/NIA & SSF is pending before the Appellate Authority and he approached this Court after the ongoing PST/PET test had already started.

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In view of the above, the prayer of the petitioner to allow him to sit in the said PST/PET test for the additional posts of CRPF with the shortlisted 19734 candidates in terms of the advertisement dated 21.07.2018 cannot be considered for the reason that he approached this Court after the said PST/PET already started and his appeal dated 16.08.2019 before the Chairman, Staff Section Commission is still pending for disposal.

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However, the respondent No. 2, Chairman of the Staff Section Commission, shall dispose of the said appeal of the petitioner on or before 17.02.2020 by a reasoned order, intimating him about the outcome of his said appeal.

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Mr. Bora, learned CGC, shall intimate the respondent No. 2, Chairman, Staff Section Commission, about this order.

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The petitioner shall also furnish a certified copy of this order forthwith before the Chairman, Staff Section Commission, either personally or by speed post within two days from today.

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A copy of this order be furnished to Mr. Bora, learned CGC for his necessary use.

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With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Anil Kumar v. the Union of India and 4 Ors.

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Anil Kumar v. the Union of India and 4 Ors.

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