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Calcutta High CourtWPA/2346/2024disposed

Nirmay Barman And ORS v. Union Of India And ORS

2024-12-12Hon'Ble Justice Arindam Mukherjee3 pages

12.12.2024 Ct. 23 JCB-2 ab CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI APPELLATE JURISDICTION WPA 2346 of 2024 Nirmay Barman & Ors.

-VsUnion of India & Ors.

Mr. Sabyasachi Bhattacharjee, Ms. Barnali Pal, Ms. Somdutta Patra ... for the petitioners Affidavit of service filed in Court today is taken on record.

In spite of notice, none appears on behalf of the respondents.

This matter pertains to Circuit Bench at Jalpaiguri. The matter was taken up on 8th November, 2024 before the Circuit Bench at Jalpaiguri when no one appeared on behalf of the Staff Selection Commission (SSC), who is conducting the examination for recruitment of 'Constable (GD)' in Central Armed Police Forces (in short, 'CAPFs) for the year 2024. The matter was made returnable on 29th November, 2024 before the Circuit Bench at Jalpaiguri. The Circuit Bench at Jalpaiguri was available between 29th November, 2024 and 6th December, 2024. The matter was mentioned before this Bench after 6th December, 2024. Considering that in cases where the height of the

candidates being 169.5 cm and above, having been permitted to participate in the Physical Standard Test (in short, "PST') by giving the benefit under Clause 2(d) of the Guidelines for Recruitment Medical Examination in CAPFs and Assam Rifle published in May, 2015 (hereinafter referred to as 'the said Guidelines'), this matter was brought into the list.

In the instant case, the petitioners are found to be having height of 169.5 cm and above. Relying upon the judgment of Harun Miah Versus Union of India passed in WPA 25903 of 2024 on 29th November, 2024 and the order dated 8th November, 2024 passed in WPA 26627 of 2024 (Pronab Halder & Anr. Vs.

Union of India & Ors.), the petitioners are permitted to participate in the PST. In the judgment referred to hereinbefore and the orders passed in similar matters, this Court has allowed the candidates to participate in the PST that may be held upto 12th December, 2024. The petitioners are permitted to appear in the PST that may be held today, i.e., 12th December, 2024 on production of a copy of this order downloaded from the official website of this Court.

It is made clear that since the petitioners have come on the last date and that it has been clarified in all other orders that no further opportunity will be granted to the candidates for participating in the PST beyond 12th December, 2024, I make it specifically clear

that no further extension in the case of the petitioners shall be granted if they are unable to participate in the PST examination by today, i.e. 12th December, 2024. Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court without insisting upon production of a certified copy thereof.

(Arindam Mukherjee, J.)