ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus (a) to declare the action of the respondents in not processing the petitioners candidature in the Recruitment of Constables (General Duty) in Central Armed Police Force (CAPFs) and Rifleman (GD) in Assam Rifles, 2012 examination against the vacancies reserved for Militancy/Naxal Areas in the then State of Andhra Pradesh though the petitioners opted the Militancy/Naxal Code-21 in the online applications, as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently set aside the Order/Memorandum dt 10.12.2014 issued from the office of the 3rd respondent, (b) direct the respondents to review the Selection list of the Constables (GD) in CAPFs and Rifleman (GD) in Assam Rifles, 2012 Examination which was declared on 17.10.2012 by duly processing the petitioners candidatures against the Vacancies Reserved for Militancy/Naxal areas in the then State of Andhra Pradesh; (c) direct the respondents to give appointment to the petitioners in any existing vacancies or in any vacancies arising in immediate future; (d) and to grant such other relief or reliefs...”

2. The brief facts of the case are that, the petitioners have applied for the post of Constables (GD) in Central Armed Police Forces (CAPFs) and Rifleman (GD) in Assam Rifles 2012, pursuant to the Notification dated 03.12.2011 issued in the Employment news through online. The petitioners were also called for Physical Standard test and Physical Efficiency Test conducted between February-March 2012 and have also appeared for the written examination held on 22.04.2012. Thereafter, the petitioners have also appeared for Medical test between June-July, 2012. The 1st petitioner having secured 41 marks and the 2nd petitioner secured 42 marks.

3. The grievance of the 1st petitioner is that, inspite of final result the petitioners were not considered. Thereafter, when the petitioners enquired in the office of the 3rd respondent as to why they were not given appointment, the 3rd respondent authorities have informed that the 1st petitioner failed to opt for Militancy/Naxal Code-21 and hence, his name was not considered against the vacancies reserved for Militancy/Naxals areas.

4. The grievance of the 2nd petitioner is that, though the 2nd petitioner belongs to Scheduled Tribe, his candidature was not considered for the vacancies reserved for Scheduled Tribe candidates. Moreover, in the on-line application form provided by the respondents, there is no column showing the option to select Miltancy/Naxals areas, due to which, the petitioners have failed to opt for the said Militancy/Naxal Area Code and requested this Court to review the selection list of the Constables (GD) in CAPFs and Rifleman(GD) in Assam Rifles, in pursuance of the final selection list declared on 17.10.2012 by duly processing the petitioners candidatures against the Vacancies reserved for Militancy/Naxal areas in the then State of Andhra Pradesh. 5. Though the petitioners sought for an interim relief to keep two posts Constables (GD) in CAPFs and Rifleman(GD) in Assam Rifles, pending writ petition, no such relief was granted by this Court.

4. Respondent No.3 filed a counter, wherein it is stated as follows:

“Notice for Recruitment of Constables (G) in CAPFs and Rifleman (GD) in Assam Rifles, 2012 was published in the EMPLOYMETN NEWS/ROZGAR SAMACHAR DATED 03.12.2011. As per the Recruitment Rules, Matriculation or 10th class pass was the minimum educational qualification. The Staff Selection Commission made recruitment to the posts of Constables (GD) in Indo Tibetan Border Police Force (ITBPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF) and Sashastra Seema Bal (SSB) & Rifleman (GD) in Assam