Page No.# 1/5 GAHC010015082026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case : WP(C)/1833/2026 RITURAJ DAS S/O- LABANYA DAS R/O- VILL.- CHAIBARI P.O.- PUB-REHABARI P.S.- PATACHARKUCHI DISTRICT- BAJALI ASSAM. VERSUS THE UNION OF INDIA AND 5 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NEW DELHI- 110010. 2:THE STAFF SELECTION COMMISSION (HEAD QUARTER) REPRESENTED BY ITS CHAIRMAN LODHI ROAD BLOCK NO. 12 CGO COMPLEX NEW DELHI- 110003. 3:THE STAFF SELECTION COMMISSION (NORTH EASTERN REGION) REPRESENTED BY ITS REGIONAL DIRECTOR HOUSE-FED COMPLEX DISPUR GUWAHATI- 781006. 4:THE PRESIDING OFFICER RECRUITMENT BOARD CT (GD) 2024 GROUP CENTRE CRPF AMERIGOG Page No.# 2/5 GUWAHATI ASSAM- 781023. 5:THE PRESIDING OFFICER/ MEMBER OF EXECUTIVE BOARD DV/DME/RME-CT (GD) EXAM 2025 CENTRE-CAPFS CH BSF PATGAON GUWAHATI ASSAM. 6:DISTRICT COMMISIONER BAJALI MADAN RAUTA NAGAR PATHSALA BAJALI ASSAM. ------------ Advocate for : MR H DAS Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 5 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04. 2026 Heard Mr. H. Das learned counsel for the petitioner, also heard Ms. S. Baruah, learned CGC for the Respondents. 2. This petition is filed by the petitioner seeking a writ of mandamus for setting aside of the Clause 6.5 of the advertisement dated 05.09.2024, whereby the candidature of the petitioner stood rejected. Further prayer for directing to the respondent authorities to consider the candidature of the petitioner under the respective categories by taking into account of the OBC (NCL) certificate produced by the petitioner. 3. The petitioner submitted his candidature pursuant to the advertisement dated 05.09.2024 issued by the respondent authority, inviting applications for appointment to the posts of Constable (GD) in the Central Armed Police Forces Page No.# 3/5 (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in the Narcotics Control Bureau. The dates for submission of the online application, the last date for submission, the correction and the tentative schedule for the Computer- Based Examination were duly notified. 4. In response to the said advertisement, the writ petitioner had submitted his application supported by necessary documents. According to the writ petitioner, he belongs to the OBC category, and therefore he had submitted his credential. However, the Non-Creamy Layer certificate which was applied for by the petitioner could be submitted only upon issuance of the said certificate by the concerned State Authorities. However the respondent authorities refused to accept this NCL certificate. Subsequently the certificate which was submitted by the writ petitioner and the candidature of the petitioner stood rejected notwithstanding that he would otherwise qualified for being selected and considered for the said recruitment. Being aggrieved, the present writ petition has been filed. 5. According to the petitioner there is a conflict between the terms of the advertisement, more particularly Clause 6.5 and 6.6 and the notification dated 17.08.2017 issued by the Government of India. In the said notification dated 17.08.2017, the Clause 3.1 provides as under: “3. Keeping in view the difficulties faced by the candidates and the Order of Hon'ble Supreme Court in SLP No. 3116/2017 in the matter of Union of India vs Abdul Rasheed, the Commission took up the matter regarding relaxation in the stipulated time limit (as indicated at para I above) with the Department of Personnel & Training. The Department of Personnel & Training in consultation with Department of Legal Affairs, endorsed the following decisions of the Commission as given below:- Page No.# 4/5 (i) With effect from 23.01.2017. (Le the date of dismissal of SLP No. 3116/2017 filed by the Commission in the Hon'ble Supreme Court of India (UOI vs Abdul Rasheed)] the Commission will not insist on candidates producing OBC Certificates issued within the cut off dates Le. 3 years, before the last date of receipt of applications and up to 180 days after the closing date of applications mentioned in the Notices.” 6. The respondents were given opportunities to complete their instructions. On written instructions, the learned CGC submits that the timeline prescribed under the notification dated 17.08.2017 still continue to hold the field. 7. In terms of the notification dated 17.08.2017, it was provided that the Commission will not insist on the candidates producing the OBC certificate issued within the cut off date i.e. 3 years before the last date of receipt of applications and up to 180 days after the closing date of applications mentioned in the notices. 8. According to the respondents, the last date for submission of document was 14.10.2024 as per the advertisement dated 05.09.2024. Therefore, the maximum period available to produce the OBC (NCL) certificate in terms of the notification dated 17.08.2017 is 09.05.2025. But the said certificate was issued by the petitioner on 22.08.2025; which is beyond the cut-off date of 180 days. 9. Under such circumstances, this Court is of the view that the claim of the petitioner for grant of benefit under the notification dated 17.08.2017 cannot be accepted as the said certificate issued by the petitioner is well beyond the period of 180 days. 10. Accordingly, this writ petition stands dismissed. 11. No order as to cost. JUDGE Page No.# 5/5 Comparing Assistant