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GAHC010090122026

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2545/2026

DEEPJYOTI RAY

S/O PRABIN RAY, R/O VILL- ADLAGURI, P.O. ADLAGURI, P.S. MANIKPUR,

DISTRICT- BONGAIGAON, ASSAM, PIN- 783392 (ROLL NO- 5105034040

VERSUS

THE UNION OF INDIA AND 8 ORS

REPRESENTED BY THE SECRETARY TO THE UNION OF INDIA, MINISTRY

OF HOME AFFAIRS, NEW DELHI- 110001

2:THE STAFF SELECTION COMMISSIONER (SSC)

REPRESENTED BY THE CHAIRMAN/ SECRETARY

STAFF SELECTION COMMISSION

BLOCK-12

CGO COMPLEX

LODHI ROAD

NEW DELHI- 110003

3:THE REGIONAL DIRECTOR (NER)

STAFF SELECTION COMMISSION

RUKMINI NAGAR

GUWAHATI-06

4:THE DIRECTOR GENERAL

BORDER SECURITY FORCE (BSF)

BLOCK NO. 10

LODDHI ROAD

PRAGATI VIHAR

NEW DELHI- 110003

5:THE DIRECTOR GENERAL

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CENTRAL RESERVE POLICE FORCE (CRPF)

CGO COMPLEX LODHI ROAD

NEW DELHI- 110003

6:THE DEPUTY INSPECTOR GENERAL OF POLICE

CENTRAL RESERVE POLICE FORCE

GROUP CENTRE

AMERIGOG

GUWAHATI- 23

ASSAM

7:THE INSPECTOR GENERAL

BORDER SECURITY FORCE

GUWAHATI FRONTIER HQ

PATGAON

P.O. AZARA

DISTRICT- KAMRUP

ASSAM

PIN- 781017

8:THE PO

EXECUTIVE BOARD

DV/DME/RME-CT(GD) EXAM

2025

O/O THE INSPECTOR GENERAL

BORDER SECURITY FORCE

GUWAHATI FRONTIER HQ

PATGAON

P.O. AZARA

DISTRICT- KAMRUP

ASSAM

PIN- 783390

9:THE DISTRICT COMMISSIONER

BONGAIGAON

DISTRICT- BONGAIGAON

ASSAM

PIN- 78339

Advocate for the Petitioner : MR. K R PATGIRI, MS CHITRALEKHA DAS,MS. P

TALUKDAR,MS. D. DEVI

Advocate for the Respondent : DY.S.G.I., MR. S S ROY(C.G.C.),GA, ASSAM

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– B E F O R E –

HON’BLE MR. JUSTICE SOUMITRA SAIKIA

Advocate for the petitioners : Mr. K.R Patgiri, Advocate

Advocate for the respondents : Mr. S.S Roy, CGC

· Date on which Judgment was reserved : NA

· Date of Pronouncement of Judgment : 20.05.2026

· Whether the pronouncement is of

the Operative Part of the Judgment : No

· Whether the full Judgment has been

Pronounced : Yes

JUDGMENT AND ORDER(ORAL)

Heard Mr. K.R Patgiri, learned counsel for the petitioner. Also heard Mr. S.S

Roy, learned CGC for the respondents.

2. This petition is filed by the petitioner seeking a writ pf mandamus for

setting aside of the Clause 6.5 of the advertisement dated 05.09.2024, whereby

the candidature of the petitioner stood rejected. Further, a writ of mandamus to

the respondent authorities to consider the candidature of the petitioner under

the respective categories by taking into account of the OBC (NCL) certificate

produced by the petitioner.

3. The petitioner had submitted his candidature in response to the

advertisement dated 05.09.2024 issued by the Respondent authority inviting

application for the appointment to the post of Constable (GD) in Central Armed

Police Forces (CAPFs) and SSF, Rifleman (GD) in Assam Rifles, and Sepoy in

Narcotics Control Bureau. The date for submission of the online the application,

the last date for submission of online application, the dates for correction and

the tentative scheduled of dates for the Computer based examination were all

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notified.

4. In response to the said advertisement, the writ petitioner had submitted his

application supported by necessary documents. According to the writ petitioner,

he belongs to the OBC category, but as on the last date of submission of

documents, the required OBC (NCL) certificate was not available for considering

his candidature under the OBC category. Therefore, the petitioner was treated

under the Unreserved Category, and as he did not secure the required cut-off

marks in that category he was not selected, otherwise he would have qualified

and selected for the said recruitment. Being aggrieved, the present writ petition

has been filed.

5. According to the petitioner there is a conflict between the terms of the

advertisement, more particularly Clause 6.5 and 6.6 and the notification dated

17.08.2017 issued by the Government of India. In the said notification dated

17.08.2017, the Clause 3.1 provides as under:

“3. Keeping in view the difficulties faced by the candidates and the Order of Hon'ble

Supreme Co