HIMANGSHU RAJBONGSHI AND ANR v. THE STATE OF ASSAM AND 5 ORS.
WP(C)/733/2025 · 2025-02-13
Nelson Sailo
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7118 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7118 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010024912025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/733/2025 HIMANGSHU RAJBONGSHI AND ANR SON OF SRI TARUN RAJBONGSHI, RESIDENT OF VILLAGE- ADHIKARI, POST OFFICE- RAJGHAT, PIN-784529, DISTRICT-DARRANG, ASSAM 2: JAYANTA HARIJON SON OF SRI RAM CHARAN HARIJAN RESIDENT OF VILL-BHOLABARI BAGISA POST OFFICE- BHOLABARI PIN-784525 DISTRICT-UDALGURI (BTAD) ASSA VERSUS THE STATE OF ASSAM AND 5 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006, DISTRICT- KAMRUP (M), ASSAM. 2:THE DIRETOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI PIN- 781007 DIST. KAMRUP METRO ASSAM 3:THE CHAIRMAN STATE LEVEL POLICE RECRUITMENT BOARD ASSAM REHABARI GUWAHATI- 781008 DISTRICT- KAMRUP (M) ASSAM
Page No.# 2/4 4:THE IN-CHARGE PERFORMANCE / REJECTION DESK RECRUITMENT OF CONSTABLE (UB AND AB) IN ASSAM POLICE UDALGURI C/O THE CHAIRMAN STATE LEVEL POLICE RECRUITMENT BOARD ASSAM REHABARI GUWAHATI- 781008 DISTRICT- KAMRUP (M) ASSAM 5:THE SUPERINTENDENT OF POLICE UDALGURI PIN-784509 DISTRICT- UDALGURI (BTAD) ASSAM 6:THE SUPERINTENDENT OF POLICE DARRANG MANGALDAI PIN-784125 DISTRICT-DARRANG ASSAM Advocate for the Petitioner : MR. P HAZARIKA, P. BORAH,MR. H S BORAH Advocate for the Respondent : GA, ASSAM,
B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 14.02.2025 Heard Mr. P Hazarika, learned counsel for the petitioners and Ms. U Sharma, learned Government Advocate for the respondents. Having regard to the projection made by the petitioners, the writ petition is taken up for disposal at this stage itself. Page No.# 3/4 [2.] It is the case of the petitioners that they have responded to the Advertisement dated 06.10.2023 for the post of Constable in Un-armed Force Branch and Armed Branch in the Assam Police to be conducted by the State Level Police Recruitment Board. The petitioner No. 1 belongs to the OBC category while the petitioner No. 2 belongs to the Scheduled Caste category. As per the advertisement, the minimum height required for such categories is 162.56 cm. When physical standard consideration was being made, the petitioner No. 1 was found to be of only 160.90 cm, and the petitioner No. 2 161.150 cm and therefore, sort of the minimum height required as prescribed in the advertisement.
It is the case of the petitioner that in respect of the petitioner No. 1 in the recruitment process held on 11.02.2022 by the same authority, the petitioner No. 1 was found to be 162.60 in height, while the petitioner No. 2, in the recruitment process conducted for Constable (GD) in Central Armed Police Force for the year 2024, was found to be 162.58 cm in height. Therefore, it is the case of the petitioners that they having been found to be more than 162.56 cm in the earlier selection process, the findings made during the current selection insofar as their height is concerned cannot be below 162.56 cm. Therefore, they pray that they should be re-considered by the respondent authorities by measuring their height once again. The petitioners have also filed their representation before the Director General of Police on
Page No.# 4/4 03.12.2024 but the same has not been considered and therefore, they are before this Court. [3.] Having regard to the projection made by the petitioners and taking into account the fact that in the earlier selection process, they were found to have the minimum height required i.e., above 162.56 cm and therefore, it cannot be a case that the petitioners have grown shorter with the passage of time. Accordingly, the respondent authorities, more particularly which is the respondent Nos. 2, 3 & 4 are directed to cause re-measurement of the height of the petitioners within a period of 2 weeks from the date of receipt of a certified copy of this order. On such measurement, if the petitioners are found to be 162.56 cm or above, they shall be allowed to participate in the written test or any other process that is to be undertaken in the selection process. [4.] With the above observation and direction, the Writ Petition stands disposed of. JUDGE Comparing Assistant