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N. UNNI KRISHNAN NAIR
Rupam Talukdar, S/O-Late Phulen Talukdar – Appellant
Versus
Union Of Indiaand Rep. By The Secretary, Ministry Of Home Affairs, New Delhi, 104, North Block, New Delhi – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. N. K. Kalita, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC, appearing on behalf of all the respondents.
2. The petitioner by way of instituting the present proceeding, has raised a grievance with regard to his non-selection as Constable(GD) in Central Armed Police Forces(CAPFs) against the posts as put-up for recruitment vide Notice, dated 17.07.2021, on the ground that he had not submitted his Economically Weaker Section category certificate in the prescribed format.
3. The brief facts requisite for the purpose of adjudication of the issues arising in the present proceeding, is noticed as under:
On 17.07.2021, the Staff Selection Committee(SSC) had issued a Notice for recruitment against the post of Constables in Central Armed Police Forces(CAPFs), NIA, SSF and Rifleman(GD) in Assam Rifles.
The petitioner being eligible, had submitted his application in pursuance of the said Notice, dated 17.07.2021, on 25.07.2021, under the Economically Weaker Section category. The petitioner accordingly, participated in the selection process and on clearing the written test so held; he was permitted to appear in the Physical St
Verification of Economically Weaker Section certificates is essential for fair recruitment processes, ensuring candidates are considered based on their rightful status.
Qualification criteria mandate candidates must secure prescribed cut-off marks for selection; those below the threshold are ineligible, regardless of any remaining vacancies.
The judgment establishes the importance of adhering to the specified financial year and the competence of the issuing authority for EWS eligibility, emphasizing that technical irregularities and negl....
The Court established that the absence of a specific EWS certificate format and the timing of the recruitment justified the acceptance of the petitioners' claims for appointment.
Belated challenge to examination results, lack of qualification, and absence of vacancies can render a petition meritless.
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