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N. UNNI KRISHNAN NAIR
Utpal Barman S/o Damodar Barman – Appellant
Versus
Union of India – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. R. Majumdar, learned counsel for the petitioner. Also heard Mr. B. Chakraborty, learned CGC appearing for the State respondents.
2. The petitioner, by way of instituting the present proceeding has inter alia, prayed for a direction upon the respondent authorities to consider his case for appointment against any post put up for recruitment vide the advertisement dated 24.01.2015, in any of the Central Armed Police Forces (CAPFs) so involved, by considering the marks scored by him in the selection process. The petitioner has accordingly, prayed for a review of the select list dated 02.02.2017 for inclusion of his name therein by reckoning the marks scored by him in the selection process.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding is noticed as under:-
The Staff Selection Commission had issued an advertisement on 24.01.2015 for conduct of recruitment against the advertised posts of Constable (GD) in Border Security Force (BSF), Central Reserve Police Force (CRPF), Central Industrial Security Force (CISF), Indo Tibetan Border Police (ITBP),
Candidates indicating preference for one service and failing to meet cut-off marks cannot claim selection in others, as upheld by the Supreme Court.
The main legal point established in the judgment is that the preference indicated by candidates for a particular service is final and candidates can be kept out of consideration for appointment to ot....
Qualification criteria mandate candidates must secure prescribed cut-off marks for selection; those below the threshold are ineligible, regardless of any remaining vacancies.
Preference based on district domicile in teacher selection cannot override merit; inclusion in the merit list does not confer an indefeasible right to appointment.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
Recruitment processes must prioritize merit over district preferences, particularly when unfilled vacancies exist, ensuring compliance with constitutional guarantees of equality in public employment.
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
The Selection Committee lacks authority to disqualify a candidate based solely on limited school choices after qualifying in a merit list, as per the Recruitment Rules.
Selection Committee cannot disqualify candidates based on limited choice preferences; disqualification must align with statutory Recruitment Rules.
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