Aniruddha Roy, J.

1. On the prayer of the learned Additional Government Pleader time to file second report pursuant to the direction of this Court dated June 23, 2025 on affidavit stands extended till today. The second report filed in court today is taken on record. Copy has been served.

2. Mr. Shambhu Nath Ray, learned advocate appearing for the petitioner, on instruction from his client submits that the petitioner shall not file any exception to the said report and accordingly the petitioner shall proceed on the basis of the existing record.

3. Accordingly, the writ petition has been taken up for final consideration.

Facts :

4. The petitioner was an aspirant for the post of C.T. (G.D.) in BSF – 2022 (for short, the said post). Inter alia, on the basis of a Domicile Certificate dated June 2, 2022 issued by the State authority, annexure R-2 at page 18 to the report on affidavit affirmed by respondent no. 6 on July 17, 2025 (for short, the second report of the State), the petitioner participated in the selection process and received an appointment, though provisional, under a letter of appointment dated August 28, 2023, annexure P-2 at page 62 to the writ petition.

5. By a further communication dated December 5, 2023, annexure P-4 at page 68 to the writ petition, the offer of appointment offered to the petitioner was cancelled by the BSF authority. The reasons for cancellation were principally that the petitioner had passed Matriculation from Bihar State which was not the Domicile State and the said Domicile Certificate dated June 2, 2022 was cancelled by the State authority, who has issued the same. Challenging the said cancellation of offer for appointment the petitioner has filed this writ petition with the following principal prayer:

“a) A writ of Mandamus and/or nature of Mandamus commanding the respondents concerned and each one of them to withdraw, rescind, cancel, forbear, quash and not to give effect or further effect to the impugned Office Memo No. Rectt/CT(GD)- 2022/SB-Ptr/2023/4425-28 dated 5.12.2023 being the order of cancellation of offer of appointment for the post of Constable (GD) Exam. – 2022, pending disposal of the instant writ application;”

Submissions:

6. Mr. Shambhu Nath Ray, learned counsel appearing for the petitioner referring to pages 35 to 47 to the writ petition submits that, the relevant sale deed by which the mother of the petitioner had purchased properties would show that, the properties were purchased in or around 2002 and since then more than fifteen years before the petitioner applied in the selection process, the parents of the petitioner are residing and domiciled in West Bengal. In support of the birth place of the petitioner being at West Bengal, learned counsel has relied upon a document at page 22 to the writ petition. Learned counsel for the petitioner then has relied upon the document at page 50 to the writ petition, to show the educational certificates were also issued from the local school at West Bengal.

7. Learned counsel Mr. Ray further submits that, cancellation of the Domicile Certificate by the State authority on November 17, 2023 was never communicated to the petitioner and the petitioner was not aware of that at the relevant point of time, as such the petitioner was not in a position to challenge the said cancellation of the Domicile Certificate by the State authority.

8. In the light of the above, the learned counsel for the petitioner submits that the said letter of cancellation of the offer of appointment, being impugned in this writ petition, dated December 5, 2023 should be set aside and the appointment shall remain valid in favaour of the petitioner.

9. Mr. Soumak Bera, learned advocate appearing for respondent nos. 1 to 4, the BSF authority, submits that, from the letter of cancellation of the provisional appointment dated December 5, 2023 petitioner was aware of the cancellation of the Domicile Certificate by the appropriate State authority. He then refers to annexure P-5 to the