Eshan Debnath v. The Union of India and 4 Ors

ORDER Date : 08.11.2024 Heard Ms. S. Z Hayat, learned Counsel for the petitioner and Ms. S. Baruah Learned CGC appearing for the respondent Union of India.

¶2Having regard to the nature of the case projected by the petitioner, the same is taken up for disposal at this stage.

¶3The case of the petitioner is that the respondent to the advertisement dated 21/07/2018 for recruitment to the post of Constable (GD) Central Armed Police Force. Pursuant to his application the petitioner participated and he was found to have scored 50.1132 in the Computer Based Examination (Tier-I/Paper-I). According to the petitioner he belongs to the OBC category and the cut off marks for Page No.# 3/3 part-A examination is 17 whereas he scored 19 as per the score sheet. Moreover, he also has the required height of 165 cm as stipulated by the relevant provision. Despite the same the petitioner has not been selected and appointed and therefore the petitioner is before this Court. The learned CGC submits that similar writ petitions have been considered by this Court and the writ petitions have been dismissed on grounds of delay and laches. In this connection she to refers to the order dated 23/10/2024 passed in WP(C) no. 4425 of 2024 (Manash Protim Gogoi Versus The Union of India and 4 others). She therefore submits that since the present case is also similar and identical the writ petition should be rejected.

¶4Upon hearing the learned counsel for the parties and upon perusal of the material available on record and particularly the order passed on dated 23/10/2024 in WP(C) no. 4425 of 2024 it appears that the present writ petition is also hit by delay and laches. It is further seen that as per the declaration of the final result sheet annexed to the writ petition as annexure-G, it is seen that there were 45 vacancies for OBC category and all the 45 vacancies have been filled up.

¶5In view of the above, the writ petition being hit by delay and laches is therefore dismissed. No costs.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010054622024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1503/2024o ESHANoDEBNATHo S/O-oNIDANoDEBNATH,o R/O-oRAJABARIoMISSIONoCOMPOUND,oTOCKLAIoGAON,oDIST-oJORHAT,o ASSAM,oPIN-785014 VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo THEoDEPTT.oOFoMINISTRYoOFoHOMEoAFFAIRS,oNORTHoBLOCK,oCENTRALo SECRETARIAT,NEWoDELHI-110001.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA,oMINISTRYo OFoHOMEoAFFAIRS, 2:THEoCHAIRMAN oSTAFFoSELECTIONoCOMMISSION oBLOCK-12 o4THoFLOOR oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-o110003. 3:THEoUNDERoSECRETARY oTHEoSTAFFoSELECTIONoCOMMISSIONo(SSC)o oBLOCK-12 o4THoFLOOR oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-o110003. 4:THEoREGIONALoDIRECTOR oSTAFFoSELECTIONoCOMMISSION oTHEoNORTHoEASToREGIONoOFoINDIA Page No.# 2/3 THE REGIONAL OFFICE AT DISPUR HOUSEFED COMPLEX WIRELESS GUWAHATI-06. KAMRUP (M) ASSAM 5:THE DIRECTORATE GENERAL CENTRAL RESERVE POLICE FORCE (CRPF) BLOCK NO-01 CGO COMPLEX LODHI ROAD NEW DELHI -0 Advocate for the Petitioner : MR. S S S RAHMAN, MS B H SHIRIN,MR S AHMED,MR. M R SODIAL,MS S Z HAYAT Advocate for the Respondent : DY.S.G.I., MRS S BARUAH BEFORE HONOURABLE MR. JUSTICE NELSON SAILO