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2025 DAILYLAW 19264 (GAU)

RAJESH BISWAS v. THE UNION OF INDIA AND ORS

WP(C)/5548/2025 · 2025-09-23

Robin Phukan

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010208682025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5548/2025 RAJESH BISWAS S/O RANJIT BISWAS VILL AND PO GERAIPAM PS KACHUA DIST NAGAON ASSAM PIN 783383 VERSUS THE UNION OF INDIA AND ORS REP BY THE SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI 1 2:THE SECRETARY TO THE GOVT OF INDIA DEPTT OF PERSONNEL AND TRAINING STAFF SELECTION COMMISSION SCC BLOCK NO. 12 CGO COMPLEX LADHI ROAD NEW DELHI 11003 3:THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION SCC NORTH EASTERN REGION HOUSEFED COMPLEX BELTOLA BASISTHA ROAD PO ASSAM SACHIBALAYA DISPUR GUWAHATI 7871006 ASSAM 4:THE DIRECTOR GENERAL CRPF RECRUITMENT BRANCH EAST BLOCK 7 LEVEL 4 SECTOR 01 R K PURAM NEW DELHI 110066 5:MAJOR/DEPUTY COMMANDANT SO 2 RECRUITMENT BRANCH DIRECTORATE GENERAL ASSAM SHILLONG 783010 6:CO OPTED MEMBER ASSAM RIFLES TRAINING CENTRE AND SCHOOL SUKHOVI DIMAPUR CENTRE CONDUCT OF PST/PET OF COMBINED RECRUITMENT RALLY FOR CONSTABLE GD IN CAPFS AND RIFLEMENT GD IN AR 2025 NAGALAND PIN 79711 Page No.# 2/4 Advocate for the Petitioner : K RAHMAN, MR. SAIDUL ALOM Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 24.09.2025 Heard Mr. K. Rahman, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC for the respondents. 2. In this petition, under Article 226 of the Constitution of India, the petitioner has challenged the rejection slip, dated 02.09.2025 (Annexure-3), by which the candidature of the petitioner for the post of Constable (GD) in the Central Armed Police Force (CAPF) was rejected on the ground that the height of the petitioner was found to be 164.6 c.m., whereas the requirement was 165 c.m. 3. Mr. Rahman, learned counsel for the petitioner submits that though in the rejection slip (Annexure-3), it has been mentioned that if he is not satisfied with the ground of rejection during PST, then he may prefer appeal in writing to the authority on the same day, but the said facility was not extended to the petitioner, for which he could not prefer an appeal before the authority. Mr. Rahman, by drawing attention of this Court to Annexure-4, at page No. 45 of this petition, which was issued by Gauhati Medical College and Hospital, submits that the height of the petitioner when measured in the said Hospital, was found to be 165 c.m., and as such, the rejection slip issued by the respondent authorities to the petitioner is incorrect and illegal, and therefore, it is Page No.# 3/4 contended to interfere with the same. 4. Per contra, Ms. Baruah, learned CGC for the respondents, after obtaining instruction, submits that a similarly situated candidate had also approached this Court by filing WP(C) No. 5411/2025, and the said writ petition was disposed of by a Co-ordinate Bench of this Court, vide order dated 15.09.2025, granting liberty to the petitioner therein to prefer an appeal before the competent authority against the rejection of his candidature, and further directed that in the event of filing of such an appeal, within two weeks by enclosing a certified copy of the order, the same shall be considered and disposed of by a reasoned order as expeditiously as possible, but not later than thirty days from the date of filing of the appeal. Relying upon the aforementioned order of this Court, Ms. Baruah submits that the present petition may also be disposed of by issuing similar direction. 5. At this stage, Mr. Rahman, learned counsel for the petitioner submits that he has no objection in the event of disposing of this petition by granting similar relief, as granted to the petitioner of WP(C) No. 5411/2025. 6. Accordingly, taking note of the submissions of learned counsel for both the parties, and as agreed upon, this Court is inclined to dispose of this petition by directing the petitioner to prefer an appeal before the respondent authorities, by enclosing a certified copy of this order along with Annexure-4, at page No. 45 of this petition, which was issued by Gauhati Medical College and Hospital, within a period of one week from today, and in the event of such an appeal being filed, the respondent authorities shall consider same by passing a reasoned order, within a period of thirty days from the date of receipt of the appeal. Page No.# 4/4 7. In terms of above, this writ petition stands disposed of. JUDGE Comparing Assistant