Mere selection does not confer an indefeasible right to appointment, but the state cannot deny appointment to a duly selected person without justifiable cause.

1. The Ld. Counsels of various writ petitions have got their cases tagged to the first case i.e. CWJC No. 4547 of 2017 on the pretext that the issue involved in all the writ petitions are same and similar as well as all the writ petitions arise out of the same selection process. It has been agreed amongst the learned counsels, appearing in various writ petitions, that the lead argument would be advanced by Shri Rajendra Prasad Singh, Ld. Senior Advocate and the other counsels would adopt the same.

2. In view of the aforesaid, since all the writ petitions arise out of the same selection process and the issue to be adjudicated in the said batch of writ petitions are similar, the aforesaid batch of writ petitions have been heard together with the consent of learned counsel for the parties and are being disposed of by the present common judgment.

3. The learned counsel for the various writ petitioners have also prayed that the first case i.e. CWJC No. 4547 of 2017 be taken as the lead case for the purposes of adjudication of the issue involved in the aforesaid batch of writ petitions.

4. The short facts of the case are that the recruitment on the post of constable was initiated by the Staff Selection Commission (hereinafter referred to as the S.S.C.) on the basis of the policy of the Ministry of Home Affairs. The notification for recruitment to the post of Constable Exam-2015 was published by way of an advertisement dated 24.01.2015 for appointment in the various forces like CAPFs, NIA, SSF, Rifleman (GD) in Assam Rifle etc. Initially, advertisement was issued for recruitment to 62,390 posts of constables. After the candidates had applied, the admit cards for 57,44,100 candidates were uploaded on the concerned website on 20.04.2015 for the purposes of taking the Physical Evaluation Test (PET). The Physical Evaluation Test was conducted with effect from 25.03.2015 to 30.07.2015. Thereafter, the successful candidates were given admit cards for the written examination which was conducted by the S.S.C. on 04.10.2015 for those candidates who were found qualified in PST-PET. The result of the written examination was declared by the S.S.C. on 14.03.2016 and 07.04.2016. The cut off marks of various categories for various States were fixed. The candidates, who had qualified, were then called for the Detailed Medical Examination which was held in the month of May-June, 2016. Subsequently, the Review Medical Examination of the candidates, who had appealed against their unfitness in the Detailed Medical Examination, were conducted in between 23.08.2016 to 11.09.2016. Finally, the S.S.C. declared the result of the candidates selected on 02.02.2017. A total number of 51,678 male candidates and 5,336 female candidates were provisionally selected.

5. The Ld. Senior Counsel Shri Rajendra Prasad Singh, assisted by Shri Nityanand Mishra and Shri Rajiv Kumar Singh, advocates has submitted that thought the initial vacancies were 62390, however, the same was increased to 64,066, out of which 57014 candidates have been appointed on the post of Constable. It is further submitted that there are candidates who had applied under the O.B.C. category but have been recommended in the Scheduled Caste category for the purposes of appointment. The learned senior counsel has raised various issues for the purposes of assailing the selection process. Firstly, it has been submitted that during the course of the selection process, the cut off marks have been changed. Secondly, it is submitted that out of the total number of selected candidates some of them have been kept under the suspected list and in some cases such candidates have been kept under the mismatch category on account of detection of difference in signature/ hand writing/L.T.I. as well as on account of various other reasons, hence the said vacancies arising out of mismatch category should be filled up from the merit list prepared in pursuance to the aforesaid advertisement of the year 2015, which a