Illa Rajbangshi vs State of Assam

Manojit Bhuyan, J. - Heard Mr. S.C. Biswas, learned counsel for the petitioner as well as Mr. B.J. Talukdar, learned counsel representing all the respondents.

Pleadings stand completed, in that, affidavit-in-opposition has been filed by the respondent no. 3 i.e., the State Level Police Recruitment Board, Assam Police Head Quarters, to which a reply has also been made by the petitioner. In view thereof, this wit petition is taken up for final disposal.

The petitioner is an aspirant to the post of AB Constable, selection of which was initiated pursuant to Advertisement dated 24.12.2014. He belongs to the Scheduled Caste category and hails from the District of Sonitpur. In so far as the selection is concerned, the petitioner had undergone the necessary tests i.e. Physical Standard Test (PST), Physical Efficiency Test (PET) as well as the Written Test conducted for the purpose. He is aggrieved by the fact that although he secured 55 marks in total, his case was not recommended for appointment although the last selected candidate under the Scheduled Caste category had obtained 52.50 marks. Primary grievance is raised is that although the petitioner had participated in the selection process claiming reservation under the Scheduled Caste category, however, in the Select List so published he has been placed along with the General Category candidate. This, according to the petitioner, is an illegal and arbitrary action on the part of the respondents to deny him his legitimate right to be selected and for consequential appointment as AB Constable.

Mr. B.J. Talukdar, learned counsel representing the respondents refers to the affidavit-in-opposition filed on behalf of the respondent no. 3 to say that although the petitioner had applied under the reserved category, he failed to submit the original Caste Certificate at the time when verification of documents were done on the date of holding of PST and PET. Mr. Talukdar also submits that the requirement for submitting the Caste Certificate for verification was clearly stipulated in the Advertisement dated 24.12.2014 as well as in the Admit Card whereby the petitioner was called to appear in the aforesaid test. As a result, his case was not considered as one belonging to the reserved category.

The petitioner have also urged that the required marks to which he was entitled to for having experience in computer application, was not been given to him. In this respect, the affidavit-in-opposition filed by the respondent no. 3 makes it abundantly clear that the petitioner being a Diploma Certificate holder in computer application having three months experience from an organization called EPITOME, was duly granted two marks according to the scheme for allotment of marks under the said category.

Case for consideration now lies on the first aspect as to whether it was fair on the part of the State respondents not to give the benefit of reservation to the petitioner while making selection. In this respect, it would be apposite to look at the Advertisement dated 24.12.2014 and the terms and conditions stipulated therein. Under the heading "How to Apply", it is provided that when a candidate reports at a venue on the date and time for appearing in the Physical Standard Test and Physical Efficiency Test, he/she must bring all essential documents in original along with one set of attested copies of the same. The said documents, which also includes a Caste Certificate, needs to be furnished for verification. It is further stipulated that only those candidates whose applications are found correct in all respects will be allowed to undergo the PST and PET. Thereafter, on completion of the aforesaid test, district-wise merit list for each category [General, OBC, MOBC, SC, ST(P), ST(H) for both men and women] is to be prepared on the basis of total marks scored in the PET. The condition also stipulates that the PST/PET in each district will be conducted by the District Level Committee. The manner and method of carrying out PST/PET is also sufficiently laid down.

Having regard to the above, the petitioner submits that he having successfully completed PST/PET was also issued with the Admit Card for appearing in the written test. In the said Admit Card, the fact that he belongs to the Scheduled Caste category, was also duly recorded. According to the petitioner, ''the State respondents were full well aware of the status of the petitioner as a candidate belonging to the reserved category.

Mr. Biswas also submits that having regard to the terms and conditions stipulated in the Advertisement if the petitioner did not furnish the Caste Certificate in original at the time of verification of documents during the PST/PET, he would not have been allowed to participate in the said test. Mr. Biswas also refers to the affidavit-in-reply filed on 7.10.2015 to say that he had applied as a Scheduled Caste candidate, had duly reported at the venue on the appointed day along with original copies of his certificates with one set of attested copy each and his documents were found in order and thereafter allowed to participate in the selection process. The fact that he was called for the written test and in the Admit Card he has also been shown as a candidate belonging to the Scheduled Caste category is also pleaded at the paragraph-4 of the affidavit-in-reply. The submission, therefore, is that since he belongs to the Scheduled Caste category, which is to the knowledge of the State respondents, and having secured 55 marks in total, as such, ought to have been selected with consequential appointment as AB Constable.

I have heard the learned counsels for the parties and have also perused the materials on record. The short point for consideration is whether the petitioner could have been denied the benefit of reservation in the process of selection. Admittedly, the petitioner belongs to the Kaibortta sub caste which is recognised as Scheduled Caste under the Constitution of Scheduled Castes and Scheduled Tribes Order, 1950, as amended. In the Admit Card issued to the petitioner for appearing in the PST/PET as well as in die written test, his status as one belonging to the Scheduled Caste category has also been clearly shown. The procedure for making selection, as given in the Advertisement dated 24.12.2014, goes to show that the original documents of a candidate are required to be produced on the date and time when PST/PET is conducted for verification by the authority concerned. It is only upon satisfaction that the documents including the Caste Certificate is in order, that a candidate would be allowed to undergo PST and PET test. The very fact that the petitioner was allowed to participate in the same as well as to the fact that he was also allowed to appear in the written test as a member of Scheduled Caste category, clearly goes to show that it was well within the knowledge of the State respondents that the petitioner belongs to the reserved category.

In that view of the matter, it was inappropriate on the part of the State respondents to place the petitioner in the General Category and to deny him the benefit under the Scheduled Caste category. Apparently, the petitioner secured a total 55 marks and the last candidate selected in the Scheduled Caste category had secured 52.50 marks. As such, on merit, the petitioner was legitimately entitled to be selected and for consequential appointment.

Having regard to the above, there is no gain-saying that the petitioner could at all be denied the benefit of selection and consequential appointment as a candidate belonging to the reserved category. In that view of the matter, a direction is made to the State respondents to immediately take steps for rectifying the anomaly and to select and consider the appointment of the petitioner as AB Constable under the Assam Police pursuant to the Advertisement dated 24.12.2014. The exercise, as indicated above, shall be completed by the State respondents, particularly by the respondent nos. 3 and 4, within a period of 6(six) weeks from today.

Resultantly, this writ petition stands allowed to the extent indicated above. No costs.