Nabul Duwarah v. The Union of India and 8 Ors

ORDER Date : 08.11.2024 Heard Mr. K. R. Patgiri, learned counsel for the petitioner, who submits that the petitioner responded to the employment notice dated 21/07/2018 for recruitment to the post of Constables (GD) in Central Armed Police Forces (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles (AR) Examination, 2018.

¶2According to the petitioner, he participated in the selection process and he secured marks more than the last candidate who was selected from the unreserved category. The petitioner belongs to the OBC category. In this connection, the learned counsel for the petitioner has drawn the attention of this Court to the marks declared by the Staff Selection Commission. It may be seen that the instant selection process happened in the year 2018 and according to the counsel for the petitioner, the final result was declared on 28.01.2021.

¶3At this stage Ms. S. Baruah, learned CGC, who represent the respondent Union of India has produced two orders passed by the co-ordinate Bench of this Court i.e. order dated 28.06.2024 passed in WP(C) no. 3322 of 2024 (Sajal Sinha and 2 others Versus The Union of India and 9 others) and order dated 23.10.2024 passed in WP(C) no. 4425 of 2024 (Manash Protim Gogoi Versus The Page No.# 4/4 Union of India and 4 others), and submits that the instant writ petition is also hit by delay & laches and should be dismissed.

¶4From a perusal of the said orders it is seen that the petitioners there in had also claimed similar relief after they were not selected in terms of the selection process initiated pursuant to the advertisement notice dated 21.07.2018. The writ petitions were dismissed on account of delay and laches. The claim of the petitioner in the instant case from a perusal of the materials on record are found to be similar and identical.

¶5Since according to the petitioner himself the result were declared on 28.01.2021, the writ petition having been filed only on 25.09.2024, the same is found to be hit by delay and laches and accordingly the same is dismissed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010195332024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5271/2024o NABULoDUWARAH S/OoLILARAMoDUWARAHo R/OoVILL-oTENGAPUKHURIoMOHANo P.O.oANDoP.S.oMOTHURAPURo DIST.oSIVASAGAR oASSAMo PIN-786689o (ROLLoNO.o5102010314) oVERSUS THEoUNIONoOFoINDIAoANDo8oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoUNIONoOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oNEWoDELHI-110001. 2:THEoSTAFFoSELECTIONoCOMMISSIONo(SSC) REPRESENTEDoBYoTHEoCHAIRMAN/SECRETARY oSTAFFoSELECTIONoCOMMISSION oBLOCK-12 oCGOoCOMPLEX o LODHIoROAD o NEWoDELHI-110003. o3:THEoREGIONALoDIRECTORo(NER) STAFFoSELECTIONoCOMMISSION PageoNo.#o2/4 o RUKMINIoNAGAR o GUWAHATI-06. o4:THEoDIRECTORoGENERAL BOARDERoSECURITYoFORCEo(BSF) oBLOCKoNO.o10 oLODDHIoROAD oPRAGATIoVIHAR oNEWoDELHI-110003. o5:THEoDIRECTORoGENERAL CENTRALoINDUSTRIALoSECURITYoFORCEo(CISF) oBLOCKoNO.o13 oCGOoCOMPLEX oNEWoDELHI-110003 o6:THEoDIRECTORoGENERAL CENTRALoRESERVEoPOLICEoFORCEo(CRPF)oCGOoCOMPLEX oLODHIoROAD oNEWoDELHI-110003 o7:THEoDIRECTORoGENERAL ASSAMoRIFLES oNONGRIMMAW oLAITUMUKHRAH oGORALINEoSHILLON oMEGHALAYA-793011 o8:THEoDIRECTORoGENERAL INDOoTIBETANoBOARDERoFORCEo(ITBP)oBLOCKoNO.o10 oLODIoROAD oNEWoDELHI-110003. o9:THEoDIRECTORoGENERAL SHAHASRAoSEEMAoBALo(oSSB) o5-6 oVIVEKANANDAoMARGoEASToBLOCK oR.K.oPURAM oNEWoDELHI-110022 o------------ Page No.# 3/4 Advocate for : MR. K R PATGIRI Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 8 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO