Petitioner challenged disqualification in CAPF recruitment due to height. Court directed filing an appeal within a week and keeping the post vacant until the appeal was disposed of within 30 days.
Directed petitioner to prefer an appeal against rejection within one week; one post to remain vacant until appeal decided within 30 days.
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GAHC010121642023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3248/2023
ROKIBUL HASSAN
S/O- MOMIR UDDIN, VILL.- KOKILA MAZ PARA, P.O. KOKILA, P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM, PIN- 783392.
VERSUS
THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRANING, GOVT. OF INDIA, NORTH BLOCK, NEW DELHI-110001.
2:THE STAFF SELECTION COMMISSION REPRESENTED BY THE SECRETARY BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI-110003.
3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX ASSAM DISPUR GUWAHATI-6.
4:THE DIRECTORATE GENERAL
CRPF (RECRUITMENT BRANCH) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI-110066.
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5:THE PRESIDING OFFICER PST/PET RECRUITMENT BOARD BSF CAMPUS ALAMGANJ DHUBRI ASSA
Advocate for the Petitioner : MD B ISLAM
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 07/06/2023
Heard Mr. B. Islam, learned counsel for the writ petitioner. Also heard Ms. S. Baruah, learned CGC, appearing for the respondents.
The writ petitioner herein had participated in the recruitment process initiated for appointment of Constable/GD in the Central Armed Police Force (CAPF) in the year 2022.
According to the petitioner, he had undergone Physical Standard Test (PST) and the Physical Efficiency Test (PET) and emerged as a successful. However, subsequent thereto the petitioner was once again subjected to PST and thereafter, disqualified on the ground that he did not meet the height specification.
Contending that the writ petitioner, who was earlier found to be having the requisite height, could not have been subsequently declared as disqualified on such ground, since the height of the petitioner could not have reduced in a period of less than one year.
Ms. Baruah, learned CGC submits that the decision of the authorities is appealable and
therefore, she would have no objection if the writ petition is disposed of with a direction upon the petitioner to prefer an appeal before the appellate authority to be disposed of in a time bound
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manner.
Mr. Islam submits that he would also have no objection, if such an order is passed.
In view of the above, this writ petition is being disposed of, at the stage of motion hearing, by providing that the petitioner may prefer an appeal before the appellate authority against the rejection of his candidature.
If such appeal is filed within a week from today, the same may be considered on merit and upon due verification of facts based on materials on record, a reasoned order be passed therein, as expeditiously as possible, but not later than 30 days from the date of filing the appeal by enclosing a certified copy of this order.
Until such time, the aforesaid exercise is carried out and completed, 1 (one) post of Constable/GD in the Central Armed Police Force qua the present recruitment drive, be kept vacant.
Writ petition stands closed.
JUDGE
sukhamay
Comparing Assistant
2 issues framed by the court
Whether the petitioner can prefer an appeal against the rejection of his candidature in the CAPF recruitment process.
Whether the posts should be kept vacant until the appeal is decided.
ROKIBUL HASSAN
THE UNION OF INDIA
THE STAFF SELECTION COMMISSION
THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION
THE DIRECTORATE GENERAL CRPF
THE PRESIDING OFFICER PST/PET RECRUITMENT BOARD BSF
Suman Shyam
Sukhamay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
