Petitioners, reserved category candidates for CAPFs/NIA/Assam Rifles recruitment, sought direction to be appointed on merit despite initial relaxation granted for height and chest measurements. Court followed a prior judgment holding such candidates must compete on merit for all other criteria.
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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
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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.
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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.
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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.
Writ petition stands disposed of as indicated above.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether reserved category candidates entitled to height and chest relaxation can be considered on merit with unreserved candidates for other selection criteria.
Whether such candidates should be allowed benefit of selection if they secured enough marks to compete on merit.
Colour shows how this judgement treated each authority
WP(C) No. 1684/2021Followed¶36
KAMAL KRISHNA TALUKDAR AND 6 ORS
THE UNION OF INDIA AND 3 ORS
ACHINTYA MALLA BUJOR BARUA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
