Decided on August 22,2022

Sangita Tanti Appellant
UNION OF INDIA Respondents


ARINDAM LODH,J. - (1.)By way of filing the above writ petitions, the petitioners have challenged the selection procedure adopted by the respondents for selection and appointment to the post of Constable (GD) in the Central Armed Police Forces (CAPF), NIA and SSF and Rifleman (GD) in Assam Rifles in so far as it debars a candidate from the reserved category from being adjusted against the general vacancy if the candidate has availed any relaxation irrespective of the fact that such relaxation is also available to the general category candidates.
(2.)Heard Ms. R. Guha, learned counsel alongwith Mr. M. Debnath, and Mr. D. J. Saha, learned counsels appearing for the petitioners of this batch of writ petitions. Also heard Mr. B. Majumder, learned Asstt. S.G. appearing for the respondents-Union of India.
(3.)Ms. Guha, learned counsel appearing on behalf of the petitioners has submitted that all the petitioners have secured higher marks than those of many general category candidates, though they are reserved category candidates. Learned counsel appearing on behalf of the petitioners has further submitted that if a candidate of the reserved category secures higher marks than that of general category candidates without the 'aid of any crutches', then, his/her selection should be on the basis of merit and not on the basis of the reservation and he/she shall have to be treated as a general category candidate because he/she makes it on his/her own merit and not by reason of the category to whom he/she belongs.

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