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2026 DAILYLAW 2114 (CAL)

AMIYA MONDAL v. UNION OF INDIA AND ORS.

WPA/987/2025 · 2026-04-07

Amrita Sinha

body2026

Judgment text

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7th April., 2026 Item no.D/L 26 Court No. 18 Pradip, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Case No. WPA 987 of 2025 In the matter of: Amiya Mondal …. Petitioner VS. Union of India & Ors. ….Respondents For the Petitioner: Mr. Anup Kumar Lahiri Mr. Debojyoti De ….Advocates For the Union of India: Mr. Sahasrangshu Bhattacharjee Mr. Loknath Chatterjee ….Advocates 1. The petitioner applied for appointment in the post of Constable in the Central Armed Police Force under the EWS category. 2. As per the recruitment notice, for the purpose of obtaining the benefit of reservation, a certificate from the competent authority issued prior to the closing date of receipt of online application (31st December, 2023) will be considered. 3. The reservation certificate relied upon by the petitioner annexed at Page-80 of the writ petition is dated 3rd January, 2024, which is beyond the closing date of receipt of the online application. 4. Submission of the learned advocate for the petitioner is that similar certificates issued by the competent authority beyond the last date of receiving the online application have been accepted by the authority. 5. The petitioner alleges discrimination and seeks similar treatment as has been done in respect of other similarly placed candidates whose Page 2 reservation certificate issued beyond the cut-off date has been accepted. 6. As the issue of accepting the reservation certificate beyond the cut- off date has not been addressed in the report filed by the Deputy Director, Staff Selection Commission (Eastern Region), accordingly, the Court is not in a position to decide the same. 7. In view of the above, the instant writ petition is disposed of with the observation that it will be open for the petitioner to approach the competent authority of Border Security Force who allegedly accepted the reservation certificates issued beyond the cut-off date for providing appointment to candidates with a representation within one week from date. The details of the reservation certificate(s) alleged to be accepted by the authority shall be disclosed in the representation. 8. In the event such a representation is made, then the same shall be considered by the authority strictly in line with the recruitment notice at the earliest but positively within a period of eight weeks from the date of filing the representation. 9. A reasoned order shall be passed and communicated to the petitioner immediately thereafter. 10. In the event any error is detected in granting benefit of reservation to the petitioner; the same shall be rectified without any further delay. 11. The writ petition stands disposed of. 12. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. Page 3 13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)