Gauhati High Court
Anil Kumar vs The Union Of India And 4 Ors on 10 February, 2020
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010026512020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 844/2020
1:ANIL KUMAR
S/O- RAKESH KUMAR, VILL- TELIPARA, PANERI, PUB PANERI, P.O-
PANERI, DIST- UDALGURI, ASSAM, PIN- 784523
VERSUS
1:THE UNION OF INDIA AND 4 ORS
MIN OF HOME AFFAIRS, REP. BY THE SECRETARY, R K PURAM, NEW
DELHI- 110066
2:THE CHAIRMAN
SSC
BLOCK NO.12
CGO COMPLEX
LODHI ROAD
NEW DELHI- 110003
3:THE DIRECTOR GENERAL
CRPF (RECRUITMENT BRANCH)
EAST BLOCK 07
LEVEL-4
SECTOR 01
RK PURAM
NEW DELHI- 110066
4:THE REGIONAL DIRECTOR
SSC
NORTH EASTERN REGION
DISPUR
HOUSEFED COMPLEX
GUWAHATI ASSAM
PIN- 781006
5:THE COMMANDING OFFICER
Page No.# 2/3
24
ASSAM RIFLES
LOKRA
TEZPUR
ASSAM PIN- 53202
Advocate for the Petitioner : MR. M KHAN
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
Date : 10-02-2020 Heard Mr. M. Khan, learned counsel for the petitioner and Mr. D. C. Bora, learned CGC for all the respondents.
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.
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.
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 Page No.# 3/3 Recruitment Centres of CAPFs across the Country and such test are scheduled from 03.02.2020 to 20.02.2020.
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.
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.
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.
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.
Mr. Bora, learned CGC, shall intimate the respondent No. 2, Chairman, Staff Section Commission, about this order.
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.
A copy of this order be furnished to Mr. Bora, learned CGC for his necessary use.
With the above observations and directions, this writ petition stands disposed of.
JUDGE Comparing Assistant