Page No.# 1/9 GAHC010140602025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3766/2025 ANGAD CHAUHAN S/O- SRI SUMEDHA CHAUHAN, VILL.- NAWAIBIL NO. 3, P.O. LAMSAKHANG, P.S. KHERONI, DIST. WEST KARBI ANGLONG, ASSAM, PIN- 782446. VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY OF THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, NEW DELHI-1. 2:THE SECRETARY OF THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING STAFF SELECTION COMMISSION GOVT. OF INDIA NEW DELHI-1. 3:THE STAFF SELECTION COMMISSION REPRESENTED BY THE CHAIRMAN BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI-03. 4:THE UNDER SECRETARY TO THE GOVT. OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRANING STAFF SELECTION COMMISSION REGIONAL OFFICE (NER) HOUSE FED COMPLEX Page No.# 2/9 DISPUR GUWAHATI-6. 5:THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION (NER) GUWAHATI ASSAM HOUSEFED COMPLEX DISPUR GHY-6. 6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (RECRUITMENT) EAST BLOCK-07 LEVEL-4 SECTOR-01 R.K. PURAM NEW DELHI-66. 7:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK-10 CGO COMPLEX LODHI ROAD NEW DELHI-03 Advocate for the Petitioner : MR. S CHAUHAN, MS S K CHOUHAN,B CHOWHAN Advocate for the Respondent : DY.S.G.I., MRS S BARUAH (C.G.C),GA, ASSAM Linked Case : WP(C)/349/2025 ANGAD CHAUHAN S/O SUMEDHA CHAUHAN RESIDENT OF VILLAGE NAWAIBIL NO. 3 PO LAMSAKHANG PS KHERONI DIST WEST KARBI ANGLONG (ASSAM) PIN NO. 782446 ROLL NO. 5105051122 VERSUS THE UNION OF INDIA AND 6 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS GOVT. OF INDIA NEW DELHI 01 Page No.# 3/9 2:THE SECRETARY OF THE MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING STAFF SELECTION COMMISSION GOVT OF INDIA NEW DELHI 1 3:THE STAFF SELECTION COMMISSION REPRESENTED BY THE CHAIRMAN BLOCK NO 12 CGO COMPLEX LODHI ROAD NEW DELHI 03 4:THE UNDER SECRETARY TO THE GOVT. OF INDIA MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS DEPARTMENT OF PERSONNEL AND TRAINING STAFF SELECTION COMMISSION REGIONAL OFFICE (NER) HOUSE FED COMPLEX DISPUR GUWAHATI 06 5:THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION (NER) GUWAHATI ASSAM HOUSE FED COMPLEX DISPUR GUWAHATI 06 6:THE DIRECTOR GENERAL CENTRAL RESERVE POLICE FORCE (RECRUITMENT) EAST BLOCK- 07 LEVEL-4 SECTOR-01 R.K PURAM NEW DELHI 66 7:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO. 10 CGO COMPLEX LODHI ROAD NEW DELHI 03 ------------ Advocate for : MR. R MAZUMDAR Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS Page No.# 4/9 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 12-11-2025 Heard Mr. S. Chouhan, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned CGC appearing for the respondents. 2. The above noted writ petitions having been instituted by the same writ petitioner and the issue involved being interconnected, the writ petitions were taken up analogously for hearing and are being disposed of by this common order. 3. The petitioner by way of instituting W.P.(C) No. 349/2025 has assailed an order dated 23-12-2024, by which for violation of conditions mandated for applying for recruitment to the Central Armed Police Force (CAPF), as set out in the advertisement dated 24-11-2023, the petitioner was debarred for a period of 03 (three) years. Further, by way of instituting W.P.(C) No. 3766/2025, the petitioner has prayed for a direction upon the respondent authorities to permit him to appear in the recruitment examination to various posts as available in various CAPFs for the year 2025, by relaxing the provision of Clause-16.2 along with Sub-Clause-8 thereof. 4. The facts of the case, in brief, requisite for adjudication of the issue arising in the above noted writ petitions are noted as under: The petitioner in pursuance to a recruitment notice issued on 24-11-2023 for recruitment against the post of Constable (GD) in CAPF, had submitted his application. Page No.# 5/9 The petitioner had submitted 02 (two) applications, one under the Economically Weaker Section (EWS) category and the other under the Other Backward Classes (OBC) category. Accordingly, the applications of the petitioner being found to be satisfying the eligibility criteria, the petitioner was issued with call letters. It is seen that the petitioner in the selection held had appeared for initial stage of examination both against the EWS category as well as against the OBC category. Subsequently, multiple applications submitted by the petitioner, herein, having come to the notice of the authorities, they issued a show-cause notice to the petitioner, herein, as to why a penalty should not be imposed upon him. The petitioner replied to the said show-cause. Thereafter, the competent authority after considering the relevant factors proceeded vide order dated 23- 12-2024 to cancel the petitioner’s candidature for the recruitment held in the year 2024 and also debarred the petitioner from appearing in the Commissions examination for a period of 03 (three) years w.e.f. 26-02-2024 to 25-02-2027. Being aggrieved, the petitioner has instituted W.P.(C) No. 349/2025. Thereafter, on the issuing of the advertisement for recruitment against the vacancies identified in various CAPFs for the year 2025, the petitioner had instituted the W.P.(C) No. 3766/2025, with prayers as noticed hereinabove. 5. Mr. S. Chouhan, learned counsel for the petitioner after reiterating the facts noticed, hereinabove, has submitted that the petitioner had made a mistake in applying against the advertisement dated 24-11-2023 against 02 (two) different categories. He submits that the petitioner had participated only as a EWS candidate and has not taken part in the selection process against the OBC category, although he had qualified under Page No.# 6/9 both the said categories in the initial stage of the recruitment process. He submits that the petitioner having been debarred for a period of 03 (three) years, the petitioner would be over aged by the time the debarment order comes to its end and accordingly, prays that this Court would be pleased to direct the respondent authority to consider the candidature of the petitioner against the vacancies advertised for the year 2025 in various CAPFs. 6. Per contra, Ms. S. Baruah, learned CGC submits that the advertisement issued contains stipulation to the effect that in the event any candidate is found to be involved in conduct of misconduct, their candidature would be liable to be cancelled and they would be further debarred from the examinations. She further submits that the advertisement also stipulates that in respect of candidate appearing in the same examination more than once, in contravention of the rules would be debarred for 03 (three) years. Accordingly, she submits that the action taken in the matter by the respondent authorities being in consonance with the stipulation made in the advertisement, no interference thereof is called for. 7. I have heard the learned counsel for the parties and also perused the materials available on record. 8. The facts as noticed, hereinabove, are not in dispute. The petitioner in pursuance to the advertisement dated 24-11-2023 had admittedly submitted 02 (two) applications, one under EWS category and other under OBC category. He had participated in the initial stage of the selection process against both the said categories and had qualified therein. It is after conclusion of the initial stage of the examination, fact that the petitioner had Page No.# 7/9 submitted multiple applications with regard to the said advertisement came to the notice of the respondent authorities and accordingly show-cause notice dated 14-11-2024 came to be issued to the petitioner, herein. In the said show-cause notice it was projected that the petitioner, herein, had indulged in unfair means, i.e. he had appeared in the same examination more than once in contravention of the stipulations made in this connection. The petitioner is found to have submitted his reply against the said show-cause notice. The respondent authority upon consideration of the replies submitted by the petitioner having not found the same to be satisfactory, proceeded to issue order dated 23-12-2024 cancelling the candidature of the petitioner against the advertisement dated 23-11-2023 and further debarring him from appearing in the examinations conducted by the Commission for a period of 03 (three) years. 9. The advertisement dated 24-11-2023 under Clause-16.2 had made the following stipulation. “16.2 If candidates are found to indulge at any stage in any of the malpractices listed below during the conduct of examination or thereafter, their candidature for this examination will be cancelled and they will be debarred from examinations of the Commission for the period mentioned below:” 10. Further under Clause-16.2 various types of malpractices have been set out along with period of debarment to be imposed if any candidate is found to be involved in commission of any of the malpractice involved. In the case in hand the type of malpractice as set out in Sub-Clause-8 of Clause-16.2 being relevant, the same is extracted here-in-below:- Page No.# 8/9 Sl. No. Types of Malpractice Debarment period 8. Appearing in the same examination more than once in contravention of the rules 3 years 11. A perusal of the said provision of Clause-16.2 along with that of Sub-Clause-8, this Court is of the considered view that it being an admitted fact, that the petitioner, herein, had committed a misconduct in submitting 02 (two) applications for the same examination and having also participated in the examination process twice, once as EWS category candidate and thereafter as OBC category candidate, the misconduct committed by the petitioner is squarely covered by the provision of Sub-Clause-(8) of Clause 16.2 and accordingly, the debarment of the petitioner for a period of 03 (three) years by the respondent authority along with cancellation of the candidature against recruitment initiated for the year 2024 is not erroneous. In view of the above, this Court is of the considered view that order dated 23-12-2024 would not mandate any interference and accordingly, the same stands affirmed. 12. Having drawn the above conclusions, this Court has considered the prayer made by the petitioner for a direction upon the respondent authorities for relaxation of the provisions of Sub-Clause-(8) of Clause-16.2 of the advertisement towards facilitating his appearance in the recruitment process as initiated against the vacancies identified in the post of Constable (GD) in various CAPFs for the year 2025. This Court noticing the misconduct alleged and proved against the petitioner, herein, is of the considered view that the said relaxation is not mandated to be extended to the petitioner, herein. The Page No.# 9/9 recruitment being to a disciplined force, a person with proved misconduct, in the considered view of this Court would not be suitable for recruitment for the said post during the time he is imposed with the penalty of debarment. 13. Accordingly, for the reasons noticed, hereinabove, the above noted writ petitions are found to be devoid of any merit and the same stand dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant