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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Ruli Pathak D/o Nakul Pathak – Appellant
Versus
Union of India, Rep. by the Comm. and Secy. New Delhi – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. V. Kumar, learned counsel for the petitioners and Mr. H. Gupta, learned Central Government Counsel for the respondents.
2. By filing this writ petition, the petitioner has put to challenge the final selection list dated 21.01.2021, published pursuant to the Notice dated 21.07.2018 by the Staff Selection Commission (SSC) for recruitment to various posts of Constable (GD) in the Central Armed Police Force (CAPF).
3. Initially, the writ petition was filed by two petitioners, namely, the present petitioner and one Shri Parash Das. However, during the pendency of this proceedings, the name of petitioner No. 2, Shri Parash Das, has been struck off from the array of petitioners.
4. The short issue involved in this writ petition is as to whether the petitioner, who admittedly secured marks below the prescribed qualifying/cut-off, could be selected and appointed in view of Note-II under Sl. No. 2 of the recruitment Notice dated 21.07.2018, which provides that 10% of the vacancies are earmarked for Ex-Servicemen and if suitable Ex-Servicemen candidates are not available, such vacancies shall be filled by non-Ex-Servicemen candidates of the respective categor
Qualification criteria mandate candidates must secure prescribed cut-off marks for selection; those below the threshold are ineligible, regardless of any remaining vacancies.
Candidates indicating preference for one service and failing to meet cut-off marks cannot claim selection in others, as upheld by the Supreme Court.
Placement in a selection list does not guarantee appointment without fulfilling eligibility requirements.
Eligibility for ex-servicemen posts must be assessed as of the last date of application submission, and selections made contrary to this principle are invalid.
Verification of Economically Weaker Section certificates is essential for fair recruitment processes, ensuring candidates are considered based on their rightful status.
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