Page No.# 1/8 GAHC010018442025 2026:GAU-AS:3370 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/700/2025 OMOR FARUK ALI S/O- AKBAR ALI, VILL. NO. 2 JARAGURI, P.O. SIDALSATI, P.S. MANIKPUR, DIST. BONGAIGAON, ASSAM, PIN- 783383. VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI-1. 2:THE SECRETARY TO THE GOVERNMENT OF INDIA DEPARTMENT OF PERSONNEL AND TRAINING STAFF SELECTION COMMISSION (SCC) BLOCK NO. 12 CGO COMPLEX LADHI ROAD NEW DELHI-110003. 3:THE REGIONAL DIRECTOR STAFF SELECTION COMMISSION (SCC) NORTH EASTERN REGION HOUSEFED COMPLEX BELTOLA BASISHTHA ROAD P.O. ASSAM SACHIBALAYA DISPUR GUWAHATI-781006 ASSAM 4:THE COMMANDANT RECRUITMENT CELL FRONTIER HQRS BSF GUWAHATI AT PATGAON Page No.# 2/8 P.O.-AZARA KAMRUP GUWAHATI ASSAM-781017. 5:THE RECRUITMENT BOARD BSF CAMPUS ALAMGANJ DHUBRI (ASSAM) PIN- 783339 Advocate for the Petitioner : K RAHMAN, MR. N. ISLAM,MR. SAIDUL ALOM Advocate for the Respondent : DY.S.G.I., MRS S BARUAH (C.G.C.) BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 06/03/2026 Heard Mr. K Rahman, learned counsel for the petitioner and Ms. S Baruah, learned CGC appearing for the respondents. 2. The petitioner, herein, in pursuance to an advertisement issued for recruitment against the posts of Constable in the Central Armed Police Forces, Secretariat Security Force and posts of Rifleman in Assam Rifles, had submitted his candidature. The petitioner had submitted his application as a candidate belonging to the Economically Weaker Section (EWS) category. On completion of the said selection process, the petitioner being shortlisted, was asked to appear before the concerned authority for document verification. On the date of the document verification, the petitioner had produced a EWS Certificate dated 01.08.2024. It is contended by the petitioner that, thereafter, the respondent authorities had published the final select list and therein, the name of the petitioner figured at Serial No. 3297. Basing on his such placement in the selection process, the petitioner was issued with an offer of appointment provisionally appointing him as a Constable in Border Security Force Page No.# 3/8 and requiring him to report for training. The petitioner contends that the said appointment not being to his liking, he had submitted his resignation therefrom. The petitioner has further contended that in the event, his EWS status was considered in the selection process, his merit position would have warranted an appointment as Constable in the Central Industrial Security Force (CISF), which is also contended to the service of his liking. Being aggrieved by such non-consideration of his case for appointment in the CISF Organization by construing him to be a candidate belonging to the EWS category, the petitioner has instituted the present writ petition. 3. Mr. Rahman, learned counsel for the petitioner submits that the petitioner on the last date of submission of his application in pursuance to the employment Notice dated 24.11.2023 had the requisite documents for procuring the EWS certificate, but unfortunately, the said certificate could not be procured at the relevant point of time. He submits that subsequently, the petitioner before the date of document verification, so fixed, had procured the said certificate. 3.1 Mr. Rahman, learned counsel for the petitioner submits that on the date, so fixed for document verification, the petitioner had duly produced his EWS certificate before the concerned authorities and no objection, thereon, was taken by such authorities. However, he submits that the petitioner in the final select list, so published, was not placed, therein, by construing him to be a candidate belonging to the EWS category, but was so placed by considering him to be a candidate belonging to the Unreserved category. 3.2 Mr. Rahman, learned counsel for the petitioner further submits that on account of the fact that the petitioner was so placed in the select list by construing him to be a candidate belonging to the Unreserved category, the petitioner came to be selected for appointment as Constable in the Border Security Force. The learned counsel for the petitioner submits that in the event the petitioner’s EWS status was reckoned, he would have been selected for the post of Constable in the Central Industrial Security Force (CISF), which was the Force of his liking. 3.3 Mr. Rahman, learned counsel for the petitioner further submits that the respondents Page No.# 4/8 having not rejected the EWS certificate produced by the petitioner on the date of his document verification, the non-consideration of the case of the petitioner by reckoning his EWS status had caused great prejudice to the petitioner and accordingly, the present writ petition has been instituted by him praying for a direction upon the respondent authorities to appoint him against one of the post of Constable in the Central Industrial Security Force, as advertised on 24.11.2023. 4. Ms. S Baruah, learned CGC, appearing for the respondents submits that the advertisement in question in Clause 6.3 had categorically laid down a stipulation to the effect that the crucial date for a candidate to claim SC/ST/OBC/EWS status would be the closing date for receipt of online applications. She submits that the said stipulation would mean that a candidate applying in pursuance to the said advertisement must have the requisite documents, envisaging his SC/ST/OBC/EWS status on the last date of submission of application. She submits that in the event the said application is not so being required to be uploaded with the application form, the original of such application would be required to be produced at the stage of document verification in the event the person concerned qualifies in the selection process. She submits that the application that would now be mandated to be so produced on the date of document verification, ought to be a certificate obtained by the person concerned before the last date of submission of the applications. She submits that the petitioner, herein, on the date of document verification had produced the EWS Certificate, which was dated 01.08.2024 and the same was admittedly obtained much after 31.12.2023, i.e., the last date fixed for submissions of application in pursuance to the advertisement dated 24.11.2023. 4.1 Ms. S Baruah, learned CGC, further submits that the said application of the petitioner on being examined by the authorities and the same being found to have not satisfied the requirements of the advertisement in question, the petitioner was not considered as a candidate belonging to the EWS category, but was considered as a candidate belonging to the Unreserved category. She submits that the petitioner even after being considered as an Unreserved category candidate, was found to have qualified for appointment as a Constable (General Duty) in the Border Security Force and accordingly, he was issued with appointment Page No.# 5/8 orders in this connection. She further submits that the petitioner was required to report at the STC, BSF, Maharashtra for completion of enrolment formalities. She further submits that the petitioner reported at the Training Centre on 21.01.2025, however, the petitioner was found missing from the camp, w.e.f. 24.01.2025. 4.2 Ms. S Baruah, learned CGC submits that an FIR in this connection was lodged before the jurisdictional Police Station. She further submits that thereafter, the petitioner had informed the authorities of the Training Centre that he is unwilling to join Border Security Force and had also forwarded an application, dated 24.01.2025 in this connection. She submits that the petitioner having joined at the Training Centre after being offered an appointment in the Border Security Force, his selection in pursuance to the advertisement dated 24.11.2023 had come to a logical conclusion and the present writ petition has been so instituted as an after thought. She submits that the petitioner in view of the fact that he had not fulfilled the stipulations set out in the provisions of Clause 6.3 of the advertisement dated 24.11.2023 would not be entitled to have his case considered for appointment as a Constable in the Central Industrial Security Force. 5. I have heard the learned counsels for the parties and also perused the materials available on record. 6. The facts, noticed hereinabove, are not in dispute. 7. The petitioner had applied for recruitment as Constable (General Duty) in Central Armed Police Forces (CAPFs), SSF and Rifleman (General Duty) in Assam Rifles Examination, 2024 in pursuance to a Notice dated 24.11.2023. The petitioner having qualified in the selection process, was called for document verification. On conclusion of the document verification, the petitioner was issued with an offer letter dated 23.12.2024, offering him the post of Constable (General Duty) in BSF-2024. The petitioner at this stage realized that he was offered the appointment as a Constable (General Duty) in Border Security Force by construing him to be a candidate belonging to the unreserved category. The petitioner in his application submitted in pursuance to the Notice dated 24.11.2023 had applied as a candidate belonging to the EWS category, however, the benefit thereof, was not given to the Page No.# 6/8 petitioner. As noticed hereinabove, the petitioner did not continue with his training in pursuance to the offer letter dated 23.12.2024. The petitioner in the present proceeding has raised an issue that he being a candidate belonging to the EWS category and having submitted documents envisaging his such status, the respondent authorities could not have ignored the said position. 8. The petitioner admittedly had applied as a EWS category candidate. After being selected in the selection process, the petitioner while called for document verification and other connected examinations had produced a certificate dated 01.08.2024 in support of his EWS status. While the petitioner contends that the respondents have not rejected the said certificate, the respondents have contended that the said certificate dated 01.08.2024, having been so procured by the petitioner after the last date of submission of applications in pursuance to the Notice dated 24.11.2023, the same was not reckoned and the petitioner was considered as an Unreserved category candidate and not as a EWS category candidate. 9. This Court has examined the materials brought on record and finds that the petitioner had submitted during his document verification a certificate dated 01.08.2024 issued by the Circle Officer, Manikpur Revenue Circle, certifying that the petitioner belonged to the Economically Weaker Sections (EWS), basing on the Gross Annual Income of his family for the financial year 2024-2025. The Notice dated 24.11.2023 in Clause 6.3 had made the following stipulations: “6.3 Crucial date for claiming SC/ST/OBC/EWS status will be the closing date for receipt of online applications.” 10. The intent of the said stipulation as contained in Clause 6.3 of the Notice dated 24.11.2023, in the considered view of this Court, is that a person claiming SC/ST/OBC/EWS status shall have to possess requisite documents envisaging his such status before the closing date for receipt of online applications. The online applications in terms of the Notice dated 24.11.2023 was to be submitted on or before 31.12.2023. The petitioner admittedly had not procured a EWS Certificate prior to 31.12.2023 and the certificate in this connection was only Page No.# 7/8 procured by him on 01.08.2024. 11. In view of the clear stipulation made in the provisions of Clause 6.3 of the Notice dated 24.11.2023, the petitioner admittedly not having a EWS Certificate issued on or before 31.12.2023, his EWS status was not permissible to be so construed by the authorities in the selection so held. Accordingly, the non-consideration of the case of the petitioner as a EWS candidate in the selection held in the considered view of this Court is not erroneous. 12. The petitioner in his rejoinder submitted to the affidavit filed by the respondents has projected that although, he had procured an Annual Income Certificate on 19.10.2022 in the name of his father from the competent authority, he had not applied for the EWS Certificate at the relevant point of time. 13. This Court finds that the EWS certificates are issued for a year and/or for a financial year, as the case may be. The Annual Income Certificate as procured by the petitioner on 19.10.2022 in the considered view of this Court was not the basis for issuance of the EWS Certificate dated 01.08.2024, inasmuch as, therein, it has been specified that the annual income of his family was so construed for the financial year 2024-2025. Accordingly, the said contentions raised by the petitioner in the rejoinder would not advance the case of the petitioner. The petitioner, although, being offered a post in the Border Security Force, he having reported for training on 21.01.2025, is found to have abandoned the training course and had also tendered his resignation letter on 24.01.2025. 14. In view of the above, this Court finds that the petitioner having abandoned his offered post in pursuance to the selection in question, no direction in this connection would be permissible to be issued by this Court upon the respondent authorities. 15. In view of the above conclusions reached by this Court, this Court having not found any error committed by the respondent authorities in rejecting the EWS Certificate dated 01.08.2024 produced by the petitioner at the time of the document verification so carried out, such rejection being permissible in terms of Clause 6.3 of the Notice dated 24.11.2023, the rejection would not mandate any interference. Page No.# 8/8 16. In view of the above discussion, the present writ petition is found to be devoid of any merit and accordingly, the same stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant