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2025 DAILYLAW 19248 (GAU)

ABID HUSSAIN AND ANR v. THE UNION OF INDIA AND 5 ORS.

WP(C)/5454/2025 · 2025-09-18

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010206562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5454/2025 ABID HUSSAIN AND ANR C/O BURHAN UDDIN, VILL- BANDARKUNA BLK-2, P.O.- ERALIGOOL, P.S.- PATHARKANDI, DIST- SRIBHUMI, STATE- ASSAM, PIN-788723 2: BRAJEN RAJBONGSHI S/O ANIL RAJBONGSHI VILL- JOKMARI P.O.- NIZ DEFELI P.S.- TAMULPUR PIN-78136 VERSUS THE UNION OF INDIA AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 2:THE STAFF SELECTION COMMISSION (SSC) REPRESENTED BY THE CHAIRMAN/SECRETARY STAFF SELECTION COMMISSION BLOCK-12 CGO COMPLEX LODHI ROAD NEW DELHI-110003 3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION RUKMINI NAGAR P.O.- ASSAM SACHIVALAYA GUWAHATI-06 4:THE DIRECTOR GENERAL CRPF (RECRUITMENT BRANCH) EAST BLOCK 7 Page No.# 2/4 LEVEL 4 SECTOR 1 R.K. PURAM NEW DELHI-110066 5:PRESIDING OFFICER- PST/PET BOARD RECRUITMENT OF CT/GD-2025 GC CRPF GUWAHATI-781023 6:PRESIDING OFFICER-PST/PET BOARD ARTC AND S (SHOKUVI) DIMAPUR CENTE Advocate for the Petitioner : MR. D DEKA, MR N ALI Advocate for the Respondent : DY.S.G.I., MR. S S ROY (C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 19.09.2025 Heard Mr. D Deka, learned counsel for the petitioners. Also heard Mr. SS Roy, learned CGC for the respondents. 2. The brief fact of this case is that petitioners applied and participated in the recruitment process for the CAPF recruitment for the year 2025. According to the petitioners, their heights were measure and found to be lesser than the minimum height required for Male candidate is 165 CM. 3. Mr. SS Roy, learned CGC appearing for all the respondents submits that in all the other matters, the Co-ordinate Bench had permitted the petitioner therein to file appeal before the appellate authority. Page No.# 3/4 4. The learned counsel for the parties have been heard. 5. Upon careful perusal of the writ petition and on upon due consideration of the submissions made, it is seen that the prayers of the petitioners are that their heights were wrongly measured and were found less than 165 CM. It is submitted that the petitioner no.1 had earlier appeared for the Physical Standard Test (PST) in connection with the Constable (GD) recruitment in CAPFs conducted by the Staff Selection Commission (SSC) in the year 2024, wherein his height was officially recorded more than 165 CM by the same authority, therefore, it is implausible that the petitioner’s height has decreased from 165 CM within a span of approximately 1 (one) year. Further , the petitioner no.2 since he does not have the PST Slip form the last recruitment, he measure his height by the Government Doctor of Kaurbaha PHC, after rejection of his candidature on the ground of height and there his height is found to be 166 CM by the Medical & health Officer of the said PHC. 6. Taking into consideration the submissions made, this Court is of the view that ends of justice will be met if the writ petition is disposed at this stage by granting 2 (two) weeks time to the petitioners, to prefer an appeal before the competent authority against the rejection of his candidature. If such an appeal is filed within 2 (two) weeks by enclosing a certified copy of this order, the same shall be taken on record and be disposed of by a reasoned order, as Page No.# 4/4 expeditiously as possible but not later than 30 (thirty) days from the date of filing of the appeal. 7. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant