Deepak Kumar v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4562 of 2018 ====================================================== Deepak Kumar Son of Satendra Sharma, Resident of Village and P.O.- Pitwansh, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
1.
The Union Of India 2.
The Chairman, Staff Selection Commission, Allahabad. 3.
The Regional Director, Staff Selection Commission, Allahabad. 4.
Directorate General, C.R.P.F. Block No. 01, C.G.O. Complex, Lodhi Road, New Delhi- 110003 under the ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Advocate For the Respondent/s :
Mr. Awadhesh Kumar Pandey, Sr. CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-09-2023 Heard the parties.
2. The present writ petition has been preferred for the following reliefs:- (i) for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction commanding upon the respondents to include the name of the petitioner in final selection list published on 2.2.2017 for recruitment to the post Constable (G.D.) in CAPFS, NIA, SSF & Rifleman (G.D.) in Assam Rifles, 2015 as the petitioner has secured 68 marks in written exam and qualified for medical exam held on 04.10.2015 by Staff Selection Commission, in addition to 19 marks in
2/4 Part-A published in list-II (additional for Naxal/Militancy districts) in general category (g), which is much higher than the cut off fixed for the state of Bihar i.e. 63 marks unreserved category for under Naxal/ Militancy affected areas, and prior to that has already successfully qualified Physical Efficiency Test (P.E.T) and Physical Standard Test (PST) held earlier on 02.06.2016;
(ii) for holding that the act of respondents by not including the name of petitioner without assigning any reason in final selection list for recruitment to the post of constable (G.D.) is arbitrary, unreasonable not sustainable in the eye of law.
3. A counter affidavit on behalf of the respondent nos. 2 and 3 is on record and paragraph 11 and 12 read as follows:-
11. that is is stated that as per mark list and write up dated 06.02.2017, the marks obtained by the petitioner i.e. 68.00 were less than the marks obtained by the last selected candidates of his respective category (Bihar State, Nazar Ara, UR Category) i.e. 69. Hence the petitioner failed to find place in the list of recommended candidates due to his low merit in his respective category (Bihar State, Naxal Area, UR Category). The details of
3/4 marks obtained by the petitioner, cut off marks & reason of non-selection of the petitioner are as follows: S.No.
Name Roll No. & Cat Code & State Med Result Marks Minimum cut off marks in State code 05 Bihar Preference opted 1.
Deepak Kumar 3206033869 (Bihar) FIT 68.00 69.00 Not selected due to less marks than the cut off in UR male category The details of marks obtained by the petitioner, cut off marks are annexed as Annexure-1.
12. That it is stated that the details of mark of last candidate for the State wise vacancies allotted to State Code 05 (Bihar) under the jurisdiction of Central Region Office of State Selection Commission, Allahabad is given below.
State Code Name SC ST OBC UR Bihar (General Area) 60 (15)-CRPF 72(23) CRPF 73(20) CRPF 75(20) CRPF Bihar (Naxal Area) 51 (16)-CRPF 68 (22) CRPF 68 (19) CRPF 69 (19) CRPF Bihar (Border Area) 59 (15)-SSB 69 (19) SSB 66(20) SSB 71 (20) SSB UP (General Area) 68 (21)-CRPF 68(23) CRPF 76(21) CRPF 77 (23) CRPF U.P. (Nazal Area) 54 (15)-BSF 64 (22) CRPF 64 (15) CRPF 69 (16) CISF U.P. (Border Area) 64 (19)-SSB 65 (21) SSB 71 (23) SSB 73 (18) SSB
4. From the facts it is clear that while the petitioner secured 68 marks, the cut off for Bihar (Naxal Area ) under the unreserved category was 69 and as such, though the petitioner missed the bus by only one mark, no relief can be granted to him.
4/4
5. The petitioner as also any other eligible candidate in future vacancy always have the liberty to appear and get selected.
6. So far as this writ petition is concerned, nothing remains, is accordingly dismissed.
(Rajiv Roy, J) Neha/- U