Page No.# 1/5 GAHC010055972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1540/2025 MRIDUL RAY S/O- LOHIT CH.RAY, RESIDENT OF VILLAGE CHARAKALA, GARUGAON, BONGAIGAON 2: RATUL ALI S/O- MOKSED ALI RESIDENT OF VILLAGE SARUHARID PO CHAKCHAKA BARPETA ASSAM 3: JAHIDUL ISLAM S/O- MURAD JAMAL RESIDENT OF VILLAGE KAMARPARA CHARCHARIA BARPETA ASSAM 4: MD RAJU ALI S/O- MD. TUNIA ALI RESIDENT OF VILLAGE GERARIA PUB REHABARI BARPETA ASSA VERSUS THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI Page No.# 2/5 2:THE DIRECTOR GENERAL OF BORDER SECURITY FORCE PERSONAL DIRECTORATE RECRUITMENT SECTION IT WING FRONTIER HEADQUARTERS BORDER SECURITY FORCE NEW DELHI 3:THE INSPECTOR GENERAL FRONTIER HEADQUARTERS BORDER SECURITY FORCE GUWAHATI PATGAON ASSAM 4:THE COMMANDANT RECRUITMENT FRONTIER GEADQUARTERS BORDER SECURITY FORCE GUWAHATI PATGAON ASSAM 5:THE DEPUTY COMMANDANT RECRUITMENT FRONTIER HEADQUARTERS BORDER SECURITY FORCE GUWAHATI PATGAON ASSA Advocate for the Petitioner : MR. R SARMA, MR. J K ROY Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 19-03-2025 Heard Mr. R. Sarma, learned counsel for the writ petitioner. Also heard Ms. B. Sarma, learned CGC appearing for the respondents. The four writ petitioners herein have approached this Court by filing the instant writ petition inter-alia praying for an order from this Court setting aside the order dated 15-09- 2022 issued on behalf of the respondent No. 3 rejecting the representation submitted by the writ petitioners along with 08 others. The facts of the case, in a nutshell is that, the Border Security Force (BSF) had Page No.# 3/5 earlier issued advertisement notice dated 25-05-2016 inviting applications from the male citizens for filling up 561 vacancies in the post of Constable (Tradesman) in the Border Security Force (BSF) for the year 2016-17. The writ petitioners had participated in the said process. However, the selection process was cancelled by the BSF after detecting certain irregularities and/ or anomalies therein. Being aggrieved by the said decision of cancellation of the selection process, the present writ petitioners along with other aggrieved candidates had approached this Court by filing W.P.(C) No. 1322/2017. After examining the matter, this Court had passed order dated 25-07-2022 dismissing the W.P.(C) No. 1322/2017 by holding that there was no merit in the writ petition. However, taking note of some observations made by the High Court of Judicature at Gujrat in the case of Pal Vikram Rameshbhai & 02 Ors. Vs. Chairman, Recruitment Board & 02 Ors. Special Civil Application No. 1895/2017, whereby the Gujrat High Court while dismissing similar writ petitions, had made an observation that it will be open for the petitioner therein to make representation to treat the case of the petitioner in special facts and circumstances and if any vacancy is still available, then consider the case of the petitioner in accordance with law. The learned Single Judge had made the following observations in the order dated 25-07-2022, which are reproduced here-in-below:- “9. In view of the aforesaid materials that had been produced on record, we are of the view that no arbitrariness or unreasonableness can be noticed in the act of the respondents in cancelling the entire selection process pursuant to the advertisement dated 21.05.2016. 10. In the circumstances, we are unable to find any merit in the writ petition requiring an interference with the decision of the respondents to cancel the selection process. But, however, as submitted by Mr. A Mobaraque, learned counsel Page No.# 4/5 for the petitioners and as provided by the Gujarat High Court in its judgment dated 18.07.2022 in Pal Vikram Rameshbhai and two others –vs Chairman, Recruitment Board and two others, in R/Special Civil Application No. 1895/2017, the petitioners are also given the liberty to file individual applications before the respondent No. 4, if so advised and upon such applications, necessary orders thereon may be passed. 11. The writ petition is dismissed subject to the liberty to file the aforesaid representations, if advised. 12. Let a copy of the judgment of the High Court of Gujarat dated 18.07.2022 be kept on record.” Pursuant to the order dated 25-07-2022, the petitioners had submitted a representation before the respondent No. 3 ventilating their grievance in the matter. However, after examining the issues raised by the petitioners, the said representation was rejected by the order dated 15-09-2022 primarily on the ground that since the selection process was cancelled due to malpractices, hence, there was no scope for the authorities to redress the grievance of the petitioners. A copy of the representation submitted by the writ petitioners is not available on record. Therefore, it is not clear as to what exactly was the prayer made by the petitioners before the authorities. It is in such backdrop, the present writ petition has been filed seeking to assail the order dated 15-09-2022. After hearing the submissions made by the learned counsel for the parties, this Court does not find any justifiable ground to entertain the writ petition for the following reasons. Firstly, since the selection process itself was cancelled, the question of appointing the petitioners would not arise in the eyes of law. No such direction was also issued by the learned Single Judge vide order dated 15-07-2022. Secondly, on a careful reading of the averments made in the writ petition, this Court Page No.# 5/5 is of the opinion that there is no right of the writ petitioners that can be enforced in the present proceeding. Under the circumstances, this Court is of the unhesitant opinion that there is no scope for this Court to grant any relief to the petitioners in the present writ petition. Consequently, this writ petition is held to be devoid of any merit and the same is accordingly dismissed. JUDGE GS Comparing Assistant