Bijoy Mandal v. Union Of India And ORS.

S/L 17 05.05.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 27956 of 2024 Bijoy Mandal Vs.

Union of India & Ors.

Mr. Debasish Kundu Mr. Bidan Modak Mr. Sudeepto Kumar Basu ... for the Petitioner.

Mr. Ram Chandra Agarwal Mr. Shiv Chandra Prasad ... for the Union of India.

1.

Supplementary affidavit filed by the petitioner in Court today be kept with the records.

2.

The petitioner participated for recruitment as Constable-GD in Central Armed Police Forces (CAPFs), SSF and Rifleman (GD) in Assam Rifles Examination 2024.

3.

He was directed to appear in the physical standard test conducted on September 28, 2024. He stood disqualified on account of deficiency in chest measurement.

4.

The rejection slip dated September 28, 2024 clearly mentioned that if the candidate is dissatisfied with the ground of rejection in the physical standard test, then appeal may be preferred to the appellate authority on the same day through the Presiding Officer. The decision of the appellate authority will be final and no further representation will be accepted/entertained.

5.

The petitioner preferred an appeal through electronic mail on November 12, 2024. The same not being considered, the instant writ petition has been filed.

6.

On a perusal of the documents annexed to the writ petition, it is evident that the petitioner failed to prefer the appeal in terms of the direction mentioned in the rejection slip. The recruitment rules require a dissatisfied unsuccessful candidate to prefer an appeal on the selfsame date. An appeal preferred long thereafter cannot be directed to be considered by the authority.

7.

Learned advocate for the petitioner submits that the appeal was preferred prior to the declaration of the result. The Court is of the opinion that the same cannot be a ground for directing the authority to consider the appeal as there may be several other unsuccessful candidates who may stand in the same footing as that of the petitioner and may not have preferred appeal in terms of the recruitment rules which ought to be followed strictly and uniformly in respect of all the candidates appearing in a public recruitment process or else the candidates may allege discrimination.

8.

Moreover, the recruitment process is of the year 2024. The said process ended long ago and the existing vacancies were carried forward to the next recruitment process which is also nearing completion.

9.

In view of the above, no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed.

10.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court.

11.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)