Point of Law: Relaxation given in height or chest are available to candidates from a specific region, where the candidate belong to reserved or un-reserved category, cannot lead categorization of the candidates exclusively for SC, ST and OBC, ignoring their meritorious position amongst other category candidates.

JUDGMENT :

Heard Mr. R. Mazumdar learned counsel for the petitioners. Also heard Mr. S. K. Medhi, learned CGC appearing for the Union of India.

2. Mr. R. Mazumdar, learned counsel for the petitioner submits that the petitioner No. 2 wants to withdraw his name from this writ petition with a liberty to file afresh if so advised. Prayer is allowed. Accordingly, Registry to correct the same including in the CIS system.

3. It is needless to say that the present decision shall not be applicable to the writ petitioner No. 2 as the said writ petitioner has withdrawn his name from the present writ petition with a liberty to approach this Court afresh

4. The petitioners participated in a selection process for recruitment of Constable (GD) in Central Armed Police Forces (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles. Such selection process was initiated by Staff Selection Commission by its advertisement dated 21.07.2018. The petitioners belongs to ST categories and from North Eastern Region, more particularly from Assam.

5. The petitioners are aggrieved by non-inclusion of their names in the select list dtd.21.01.2021, published by the Staff Selection Commission.

6. The selection test included Physical Standard Tests (PST), Physical Efficiency Test (PET), Written Examination. The grievance raised by the petitioners are that though they successfully came out in all segments without availing any individual and additional relaxation granted the selection process, their candidature had been rejected on the ground that they had taken benefit of relaxed standard as provided to SC/ST and OBC candidates.

7. The background fact of the litigation can be summarized as under:

(i) The Staff Selection Commission by Employment Notice dated 21.07.2018 sought application from intending illegible candidates for filling up 54953 numbers of vacancies for the post of Constables (G.D) in Central Armed Police Forces (CAPFs), NIA & SSF and Rifleman (GD) in Assam Rifles (AR).

(ii) The scheme of Examination, under Clause 9 (III) provides for required Physical standard. The said clause shows that for the General, SC & OBC candidates, the minimum height for male candidate is 170 cm and female candidate is 157 cm. In case of ST candidates, the same is declared to be 162.5 cm for male and 150 cm for female. A separate standard was provided for some States, including the State of Assam, which is 165 cm for male and 155 cm for female. The measurement of chest, a relaxed standard of 75.5 CM was provided for candidates belonging to some States, including State of Assam.

(iii) Clause -10, which is the General Instructions and are required to be complied with by the candidates during the examinations. Clause 10 (xiii) provides that those SC, ST, OBC and Ex-Serviceman candidates, who are selected on their own merit without relaxed standards, along with candidates belonging to other communities, will not be adjusted against the reserved category vacancies and such candidate will be accommodated against the unreserved vacancies as per their position in the overall Merit List.

(iv) Clause -10 (xiv) provides that those SC, ST, OBC and Ex-Serviceman candidates, who qualifies on the basis of relaxation i.e., age limit etc. are to be adjusted against the reserved vacancy.

8. The petitioners claims that they secured more marks than their respective General category candidates. However, they have been refused appointments on the ground that as they belong to reserved categories and availed relaxed standards, they cannot be appointed against vacancies meant for the General category candidates.

9. As per the advertisement, separate standard in respect of northeastern regional candidates and SC/ST and OBC candidates were given. On the basis of such relaxed standard, the petitioners participated in the selection process.

10. It is no more res integra that the state and its instrumentalities are within its jurisdiction and competence to prescribe relaxed standard for reserved categ