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High Court of Punjab and Haryana · body

2017 DAILYLAW 3521 (PNJ)

AMIT KUMAR AND OTHERS v. UNION OF INDIA AND ORS.

CWP/13359/2017 · 2026-07-28

Sudeepti Sharma

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Judgment text

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CWP-13359-2017 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-13359-2017 (O&M) AMIT KUMAR AND ORS. ..Petitioners Versus UNION OF INDIA AND ORS. ..Respondents Reserved on: 15.07.2026 Pronounced on : 28.07.2026 Uploaded on : 28.07.2026 Whether only the operative part of the judgment is pronounced? NO Whether full judgment is pronounced? YES CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Raj Kumar Arya, Advocate for the petitioners. Mr. Arvind Moudgil, Sr. Advocate with Mr. Tajeshwar Sullar, Advocate Ms. Isha Bhukal, Advocate Mr. Piyush Jain, Advocate for respondents. * * * * * SUDEEPTI SHARMA, J. 1. The petitioners in the present writ petition are praying for issuance of a writ in the nature of mandamus directing the respondents to consider the case of petitioners for appointment as Constable (GD) in CAPFs, NIA and SSF and Rifleman (GD) in Assam Rifles as the petitioners have duly qualified the Physical Standard Test, Written Examination and Medical Examination and have secured more than the prescribed cut off MOHD AYUB 2026.07.28 17:27 I attest to the accuracy and authenticity of this order/judgment. CWP-13359-2017 (O&M) -2- marks for the border area category being falling within the vacancies reserved for the border district, especially in view of the fact that number of vacancies still lying vacant till date and prejudicing the valuable rights of the petitioners 2. Learned counsel for the petitioners contends that despite the fact that petitioners have duly qualified the Physical Standard Test, Written Examination and Medical Examination and secured more marks than the prescribed cut off, the petitioners are not appointed as Constable (GD) in CAPFs, NIA and SSF and Rifleman (GD) in Assam Rifles. He, therefore, prays that the present petition be allowed. 3. Per contra, learned counsel for respondents argues on the lines of written statement filed by the respondents. 4. I have heard learned counsel for the parties and perused the whole file of this case with their able assistance. 5. The relevant portion of the short reply filed by respondents is reproduced as under:- “2. That the Petitioners are candidates for the post of Constable (GD) in CAPFs & Rifleman (GD) in Assam Rifles Exam-2015, domicile of Punjab (State Code-28) (Border District). The Petitioners were not selected as they had scored marks less than the last selected candidate of same category, state of domicile and Border Area. Petitioners have not mentioned even a single candidate of same category, domicile and Border Area who was selected despite having marks less than the Petitioners. 3. That the recruitment was conducted by the Staff Selection Commission on consultancy basis as per Scheme approved by Ministry of Home Affairs. MOHD AYUB 2026.07.28 17:27 I attest to the accuracy and authenticity of this order/judgment. CWP-13359-2017 (O&M) -3- 4. That it was clearly mentioned in Para 10 of Notice Published in the Employment Notice dated 24.01.2015- (Mode of Selection)- that the final selection of the candidates would be made in order of merit in each category in each State. It was also clearly mentioned in the Notice that State-wise vacancies are available for candidates domiciled in the State with further break up of reservations to various categories and candidates of Naxal, Militancy affected and Border Areas in each CAPF. The details of marks of last selected candidates of Punjab (State Code-28) are given hereunder:- Sr. No. CAPF UR SC OBC 1 BSF Border Area General Area 54 63 52 58 52 60 2 CISF 54 51 51 3 CRPF 54 51 51 4 SSB No Vacancy 50 51 5 ITBP 55 50 53 6 Assam Rifles 57 55 51 Copy of the write Up of Result containing cut off marks is annexed as Annexure R-1. 5. That the very simple reason for the non- selection of the Petitioners is that they were low in merit of the Written Examination. Their marks in Written Examination are much lower than the marks of the last selected candidate of same category and domicile. The details of the marks scored by the Petitioners are given hereunder:- MOHD AYUB 2026.07.28 17:27 I attest to the accuracy and authenticity of this order/judgment. CWP-13359-2017 (O&M) -4- Sr. No. Name of the Petitioner Roll No. Cat. Marks 1 Amit Kumar 1402060320 UR 49 2 Kuldeep Singh 1402034726 UR 51 3 Satbir Singh 1402093165 UR 48 4 Jagtar Singh 1402093335 UR 50 5 Amarjit Singh 1402032777 UR 50 6 Malkeet Singh 1402062631 OBC 48 It is evident that the Petitioners had scored less marks in Written Examination than the last selected similarly placed candidate and hence were not selected being low in merit.” 6. In view of the stand taken by respondents, I do not find any merit in the present writ petition and the same is hereby dismissed. 7. Pending miscellaneous application(s), if any, stand disposed of. 28.07.2026 (SUDEEPTI SHARMA) Ayub/Saahil JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2026.07.28 17:27 I attest to the accuracy and authenticity of this order/judgment.