Rupam Talukdar Vs the Union of India and 5 Ors.

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GAHC010154982023

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2025:GAU-AS:77

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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)/4041/2023

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RUPAM TALUKDAR S/O-LATE PHULEN TALUKDAR, R/O- VILL- HATHINAPUR, P.O- HATHINAPUR, P.S- PATACHARKUCHI, DIST- BARPETA, ASSAM

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VERSUS

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THE UNION OF INDIA AND 5 ORS REP. BY THE SECRETARY,

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MINISTRY OF HOME AFFAIRS, NEW DELHI, 104, NORTH BLOCK, NEW DELHI-01

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2:THE UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS NEW BLOCK NEW DELHI-01

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3:THE STAFF SELECTION COMMISSION REP. BY ITS CHAIRMAN BLOCK NO.12 CGO COMPLEX LODHI ROAD NEW DELHI-110003.

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4:THE DIRECTOR GENERAL OF BSF BSF BLOCK NO.10 CGO COMPLEX LODHI ROAD PRAGATI VIHAR NEW DELHI- 110003

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5:THE DIRECTOR GENERAL OF SSB 5-6 VIVEKANANDA MARG EAST BLOCK R.K PURAM NEW DELHI- 0

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Advocate for the Petitioner : MR. N K KALITA,

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Advocate for the Respondent : DY.S.G.I., MR. K GOGOI

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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Date of hearing : 06.01.2025

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Date of Judgment: 06.01.2025

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Judgment & order(Oral)

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Heard Mr. N. K. Kalita, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC, appearing on behalf of all the respondents.

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2. The petitioner by way of instituting the present proceeding, has raised a grievance with regard to his non-selection as Constable(GD) in Central Armed Police Forces(CAPFs) against the posts as put-up for recruitment vide Notice, dated 17.07.2021, on the ground that he had not submitted his Economically Weaker Section category certificate in the prescribed format.

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3. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noticed as under:

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On 17.07.2021, the Staff Selection Committee(SSC) had issued a Notice for recruitment against the post of Constables in Central Armed Police Forces(CAPFs), NIA, SSF and Rifleman(GD) in Assam Rifles.

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The petitioner being eligible, had submitted his application in pursuance of the said Notice, dated 17.07.2021, on 25.07.2021, under the Economically Weaker Section category. The petitioner accordingly,

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participated in the selection process and on clearing the written test so held; he was permitted to appear in the Physical Standard Test(PST) and Physical Efficiency Test(PET). The petitioner cleared the PST and PET segments of the selection process and was short-listed for medical verification, wherein, he was found to be medically fit and had duly qualified the medical examination segment of the said selection process.

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The result of the said selection process was thereafter, published. However, in the list of persons so selected under the Economically Weaker Section category for the State of Assam, the name of the petitioner was not included. It was contended that the petitioner had scored 25.79948 % marks in the said selection process. The cut-off marks for the Economically Weaker Section candidates for the State of Assam worked-out as 25.00050.

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It was further contended that the petitioner, on an inquiry made with the authorities of the Assam Rifles, was made to understand that the Economically Weaker Section category certificate as submitted by him, having a remark therein that the same was being issued for the purpose of admission to educational institutions and for appointment against post under the Government of Assam; the said certificate was not reckoned and accordingly, the name of the petitioner was not included in the select list. It was also contended that the petitioner’s Economically Weaker Section category certificate having not been considered; the marks scored by him did not place him within the merit position against the unreserved category and accordingly, he was not entitled to be issued with an appointment order against any post in the Forces so involved.

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4. Being aggrieved, the petitioner has instituted the present proceeding before this Court.

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5. Mr. Kalita, learned counsel for the petitioner, by reiterating the facts as noticed hereinabove, has submitted that in pursuance of the said Notice, dated 17.07.2021, the petitioner had applied before the competent authority for being issued with an Economically Weaker Section category certificate and the authority on examination of the matter and after carrying out the requisite verification process, had proceeded to issue such certificate on 07.02.2022. The learned counsel has also submitted that the facts as stated in the said certificate are correct and the same would denote that the petitioner is entitled to claim benefits as extended to persons belonging to Economically Weaker Sections of the Society.

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6. Mr. Kalita, learned counsel, has, however, submitted that the respondent authorities without carrying out any verification with regard to the said certificate as submitted by the petitioner, proceeded to reject his case during the document verification stage. The learned counsel has also submitted that in the event, the respondent authorities had carried-out a due verification of the certificate from the issuing authority of the same; the genuineness of the said certificate and the facts stated therein, would have come to light and in the said event, the petitioner having scored more marks than the cut-off marks so prescribed, he would have been entitled to be extended with an order of appointment against one of the posts so advertised vide the Notice, dated 17.07.2021, and reserved for the Economically Weaker Section category.

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7. Mr. Kalita, learned counsel for the petitioner, in the above premises, has submitted that this Court would be pleased to direct the respondent authorities to carry out a verification of the Economically Weaker Section category certificate so submitted by the petitioner and thereafter, proceed to issue an order of appointment to the petitioner in order of his merit by considering him to be a candidate belonging to the Economically Weaker Section category.

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8. Mr. Gogoi, learned CGC, appearing on behalf of all the respondents, by referring to the affidavits filed in the matter by the respondents No. 3, 4 & 5, has submitted that while the Economically Weaker Section category certificate so submitted by the petitioner along with his application not having conformed to the format as prescribed in the Notice, dated 17.07.2021; the same was not reckoned by the authorities while carrying out the document verification of the petitioner and accordingly, the petitioner came to be excluded from the purview of the said selection process.

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9. Mr. Gogoi, learned CGC, has fairly submitted that posts put-up for recruitment under the Economically Weaker Section category, particularly, those ear-marked for the State of Assam; vacancies exists and in the event, the petitioner’s Economically Weaker Section category status, on verification, is found to be correct, the petitioner can be accommodated against any one of such vacant post basing on his merit and also the option so exercised by him in this connection in his application.

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10. Mr. Gogoi, learned CGC, has further fairly submitted that this Court

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may consider the prayer of the petitioner for a direction upon the respondent authorities for carrying out a verification with regard to the Economically Weaker Section category certificate submitted by the petitioner, herein, in the matter.

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11. I have heard the learned counsels appearing for the parties and also perused the materials available on record.

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12. The fact that the petitioner had participated in the selection process in pursuance of the Notice, dated 17.07.2021, and that he had cleared all the segments of the selection process till the stage of medical examination, is not disputed. It is further not disputed that the petitioner had scored 25.79948 % marks in the said selection process which is higher than the cut-off marks working-out for the Economically Weaker Section category for the posts allotted to the State of Assam in the various Forces.

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13. However, during the process of document verification; the Assam Rifles authorities who were authorized to carry-out the said segment of the selection process, on noticing that the Economically Weaker Section category certificate submitted by the petitioner had contained a stipulation to the effect that the said certificate was so issued for admission to the educational institutions and for appointment to the posts under the Government of Assam, proceeded to reject the said certificate. Accordingly, the said certificate not being reckoned by the authorities, the petitioner came to be considered as a candidate belonging to the unreserved category and not under the Economically Weaker Section category. Consequently, the petitioner not having achieved the cut-off mark prescribed for an

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unreserved category candidate for the posts so allotted in the various Forces for the State of Assam; the name of the petitioner was not included in the select list so published.

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14. The above position as emerging in the matter, and the case of the petitioner being not further considered for inclusion in the select list at the document verification stage of the selection process and it being agreed to by the learned counsels appearing for the parties that the Economically Weaker Section status of the petitioner may be directed to be verified by the respondent authorities and thereafter, further steps be taken in the matter; this Court is of the considered view that the present writ petition need not be detained any further.

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15. In view of the above position, the respondents No. 3, 4 & 5, as well as the competent authority of the Assam Rifles, are hereby directed to carry-out a verification of the Economically Weaker Section category status of the petitioner as projected in the certificate, dated 07.02.2022, issued by the Circle Officer(A), Sarupeta Revenue Circle, Sarupeta, and in the event, on such verification, it is brought on record that the petitioner actually belongs to the Economically Weaker Section category; to consider his case for appointment against any one of the posts so put up for recruitment vide the Notice, dated 17.07.2021, by considering him to a candidate belonging to the Economically Weaker Section category.

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16. The exercise as now required to be carried-out in terms of the directions passed by this Court hereinabove, shall be initiated and concluded by the respondents No. 3, 4 & 5, and the Assam Rifles

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authorities, within a period of 1(one) month from the date of receipt of a certified copy of this order.

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17. Thereafter, basing on the conclusions so arrived at in pursuance of the said process of verification of the Economically Weaker Section status of the petitioner, herein; necessary orders towards appointing him against one of the vacant posts so put up for recruitment vide the Notice, dated 17.07.2021, be so issued and the petitioner be appointed against such post in terms of his merit position and option as exercised by him in his application, within a further period of 15(fifteen) days thereafter.

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

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JUDGE

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Comparing Assistant

Rupam Talukdar v. the Union of India and 5 Ors.

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