Allowed

Parmita Deka and 33 Ors. v. the Union of India and 3 Ors.

Gauhati HC17 May 2023WP(C)/1355/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition seeking appointment of reserved category candidates rejected due to physical measurement relaxations. The court directed the respondents to appoint specific eligible petitioners in any CAPF division within six months.

What did the court decide?

Directed respondents to appoint petitioner Nos. 2, 3, 7, 19, 20, 23, 26 & 27 as Constable (GD) in any CAPF division within six months.

Parmita Deka and 33 Ors. Vs the Union of India and 3… — Service and Employment | Gauhati HC (2023)

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GAHC010034672021

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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)/1355/2021

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PARMITA DEKA AND 33 ORS

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D/O PRASANTA DEKA, VILL. RAMCHA, P.O. GORESWAR, P.S. GORESWAR, DIST. BAKSA, ASSAM, PIN 781366

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2: NIJU DAS

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S/O CHAKRAPANI DAS VILL. ANCHALI P.O. ANCHALI P.S. SIMLA DIST. BAKSA ASSAM PIN 781327

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3: DHIRENDRA DEKA

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S/O KAMINI KANTA DEKA VILL. NO. 5 GORESWAR P.O. GORESWAR P.S. GORESWAR DIST. BAKSA ASSAM PIN 781366

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4: SAMIRAN MANDAHI

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S/O NAREN MADAHI VILL. CHUDHARI PARA P.O. KOKLABARI P.S. SIMLA DIST. BAKSA ASSAM PIN 781330

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5: RAHUL DEV BASUMATARY

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S/O NERSWN KR. BASUMATARY VILL. SIMLA SANTIPUR P.O. SIMLA P.S. SIMLA DIST. BAKSA ASSAM PIN 781330

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6: BINAY BASUMATARY

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S/O GIREN BASUMATARY VILL. BARCHAKADAL P.O. BARCHAKADAL P.S. SIMLA DIST. BAKSA ASSAM PIN 781373

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7: DHANJIT DAS

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S/O GAJEN DAS VILL. NATUN BARALA P.O. CHARNA BAZAR P.S. SIMLA DIST BAKSA ASSAM PIN 781328

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8: INAMUL HUSSAIN

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S/O ALI HUSSAIN VILL. PUBPAR JATIA BHANGARA P.O. SUTARGAON P.S. BIAHATA CHARIALI DIST. KAMRUP ASSAM PIN 781381

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9: AZARUL HOQUE S/O JAMSER ALI VILL. BHEHBARI P.O. THAMNA P.S. MUSHALPUR DIST. BAKSA ASSAM

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PIN 781377

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10: RITUPAN KHATANIAR

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S/O RAJMOHAN KHATANIAR VILL. KURABAHA P.O. TUPLAI POMBARI P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN 781319

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11: SULTAN AHMED CHOUDHURY

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S/O TAJ UDDIN CHOUDHURY VILL. KAPTANPUR PT XV P.O. AMJURGHAT P.S. LAKHIPUR DIST. CACHAR ASSAM PIN 788119

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12: AJIT KUMAR DAS

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S/O LATE NAKUL CHANDRA DAS VILL. PUB BHALUKMARI P.O. BHALUKMARI P.S. LANKA DIST. HOJAI ASSAM PIN 782442

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13: SUNI MILI D/O JAGANANDI MILI VILL. KALAGAON P.O. APALA P.S. SIVASAGAR DIST. SIVASAGAR ASSAM PIN 785663

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14: DIGANTA PEGU

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S/O MITHUN PEGU VILL. KEKURI DADABARI P.O. KEKURI POMUA P.S. DHAKUAKHANA DIST. LAKHIMPUR

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ASSAM PIN 787055

15: INDRAJIT PEGU

S/O MOHAN PEGU VILL. KEKURI POMUA P.O. KEKURI POMUWA P.S. DHAKUWAKHANA

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DIST. LAKHIMPUR ASSAM PIN 787055

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16: AKSHAY PATOWARY

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S/O GAJENDRA PATOWARY VILL. MANAHKUCHI P.O. MANAHKUCHI P.S. HAJO DIST. KAMRUP ASSAM PIN 781104

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17: HAFIZUL HOQUE

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S/O RAHIZ UDDIN VILL. BARDANGA P.O. CHARCHARIA P.S. KALGACHIA DIST. BARPETA ASSAM PIN 781319

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18: NAYAN DAS

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S/O PRABIN DAS VILL. KULHATI P.O. KULHATI P.S. HAJO DIST. KAMRUP ASSAM PIN 781104

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19: AKHAY SONOWAL

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S/O BIREN SONOWAL VILL. PODUMONI

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P.O. BORDUMSA P.S. BORDUMSA DIST. CHANGLANG ARUNACHAL PRADESH PIN 792056

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20: PRADUYNNA SUT

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S/O AMIT SEN VILL. PUB BHAKATGAON P.O. KAPAHERA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103

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21: AMLAN JYOTI DEKA

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S/O KUKUL DEKA VILL. PUB BHAKATGAON P.O. KAPAHERA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103

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22: BIJU BIKASH KUMAR NATH

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S/O BHAKTA KUMAR VILL. HATIBAT P.O. NAGA BANDHA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782106

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23: TULAN BORDOLOI

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S/O MAHENDRA BORDOLOI VILL. PUB BHAKATGAON P.O. KAPAHERA P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN 782103

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24: GAUTAM DAS

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S/O DASARATH DAS VILL. BATIAMARI P.O. KATHALMURI GHAT P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN 781328

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25: BIKASH BAISHYA

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S/O SIBEN BAISHYA VILL. SUKILER PAR P.O. BAGHMARA BAZAR P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN 781328

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26: PANKAJ MALAKAR

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S/O DEBESWAR MALAKAR VILL. SUKILER PAR P.O. BAGHMARA BAZAR P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN 781328

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27: HIRAK DAS

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S/O DIMBESWAR DAS VILL. BAIAMRI P.O. KATHALMURI GHAT P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN 781328

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28: ALAISHRI BORO

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D/O BOLENDRA BORO VILL. HALONGBARI P.O. BAGHDOBA P.S. GORESWAR DIST. BAKSA ASSAM PIN 781366

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29: MINTU DAS

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S/O BANIKANTA DAS VILL. SIMLA P.O. SIMHA P.S. SIMLA DIST. BAKSA ASSAM PIN 781366

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30: KH. SHAJIDUL ISLAM S/O KH. ABDUL BASED VILL. GOLIA P.O. GAREMARI P.S. HOWLY DIST. BARPETA ASSAM PIN 781314

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31: SURMAN ALI

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S/O MD. ABDUL ALI VILL. SALEKURA P.O. JANIA P.S. JANIA DIST. BARPETA ASSAM PIN 781314

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32: RUPANJOLI BORO

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D/O LATE MOLAN CHANDRA BORO VILL. BORGAON CHAPORI P.O. BORGAON P.S. THELAMARA DIST. SONITPUR ASSAM PIN 784149

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33: SUMI BORO

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D/O SURGA BORO VILL. KEHERA KHANDA P.O. KEHERA KHANDA P.S. DHEKIAJULI DIST. SONITPUR ASSAM

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PIN 784110

34: DHARITRI KOCH

D/O DIGANTA KOCH VILL. BORGAON P.O. BORAGAON P.S. THELAMARA DIST. SONITPUR ASSAM PIN 78474

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VERSUS

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THE UNION OF INDIA AND 3 ORS

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THE DEPTT. OF MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS.

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2:THE CHAIRMAN

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THE STAFF SELECTION COMMISSION BLOCK NO. 12 4TH FLOOR CGO COMPLEX LODHI ROAD NEW DELHI 110003

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3:THE UNDER SECY.

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THE STAFF SELECTION COMMISSION LODHI ROAD NEW DELHI 110003

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4:THE REGIONAL DIRECTOR

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STAFF SELECTION COMMISSION THE NOTH EAST REGION OF INDIA THE REGIONAL OFFICE AT DISPUR HOUSE FED COMPLEX WIRELESS GUWAHATI 06 DIST. KAMRUP (M) ASSAM 78100

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Advocate for the Petitioner : MR. B K DAS

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

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 17/05/2023

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Heard Mr. B.K. Das, learned counsel for the writ petitioners. Also heard Ms. S. Baruah, learned CGC, appearing for the respondents.

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The petitioners herein are reserved category candidates. In response to the advertisement notice dated 21-07-2018 for recruitment in the post of Constable (General Duty) in the Central Armed Police Forces (CAPFs), the petitioners had submitted their applications and had also participated in the selection process. However, on conclusion of the process, the petitioners were not selected. The basis for not doing so is on account of the fact that the marks obtained by the petitioners were considered along with the other candidates belonging to the reserved category and it was observed that since the petitioners have already availed relaxation for chest and height measurement prescribed for the candidates coming from Assam, they could not be considered along with the general category candidates. However, the fact remains that according to them, the petitioners had scored more marks than some of the general category candidates, who were ultimately selected and appointed by the authorities.

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Similarly situated candidates had earlier approached this Court by filing W.P.(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. UoI & Ors. rendered by the Tripura High Court in connection with W.P.(C) 117/2021 , the learned Single Judge was of the opinion that the petitioners were entitled to receive orders of appointment. According, the writ petition was disposed of with a direction upon 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. By referring to the order dated 11-08-2022 passed by the learned Single Judge in W.P.(C) 3764/2021, Mr. Das submits that this is a covered case and, therefore, be disposed of with a similar direction.

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Ms. S.Baruah, learned CGC, in her usual fairness, has conceded that the case of 8(eight) petitioners would be covered by the previous decision of this Court but submits that since in the meantime, all the vacant posts of Constable (GD) in the CAPFs coming under the advertisement notice

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dated 21-07-2018 have already been filled up, the petitioners may be accommodated in any other Armed Police Force. Ms. Baruah submits that as per the departmental records, only the petitioner nos. 2, 3, 7, 19, 20, 23, 26 & 27 will be eligible for such consideration as the other petitioners fall in a different category. The said submission of the learned CGC has also been duly supported by Mr. Das, learned counsel for the petitioners, who submits that he would have no objection, if a direction is issued to consider the cases of the petitioner nos. 2, 3, 7, 19, 20, 23, 26 & 27 only for appointment.

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Taking note of the submissions advanced by learned counsel for both the sides, this writ petition is hereby disposed of by providing that the respondents may issue orders of appointment to the petitioner nos. 2, 3, 7, 19, 20, 23, 26 & 27 appointing them as Constable (GD) in any of the division of the Central Armed Police Forces, as expeditiously as possible, preferably within 6 (six) months from the date of receipt of a certified copy of this order.

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JUDGE

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sukhamay

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Comparing Assistant

Parmita Deka and 33 Ors. v. the Union of India and 3 Ors.

Case brief

What is this about?

What did the court decide?

Parmita Deka and 33 Ors. v. the Union of India and 3 Ors.

Case brief

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