MANOJIT BHUYAN, J. - (1.) Heard Mr. S.C. Biswas, learned counsel for the appellant/writ petitioner as well as Mr. R. Dhar, learned Additional Senior Government Advocate, Assam for respondent nos. 1 to 5.
(2.) The present appeal is directed against the Judgment and Order dated 18.01.2017 passed in WP(C) 250/2017.
(3.) The petitioner was an aspirant to the post of A.B. Constable, selection of which was initiated following Advertisement dated 24.12.2014. According to the appellant, he applied as a Scheduled Caste candidate against post available under the said category in the district of Sonitpur. He qualified in the Physical Standard Test, Physical Efficiency Test and also in the Written Test conducted for the purpose. In total, he secured 55.00 marks and was expecting appointment as a candidate under the Scheduled Caste category. That was not to be so as in the Select List so published, he was placed along with General category candidates instead of being placed in the merit list of Scheduled Caste category candidates. Assailing the said action of the respondent authorities, the appellant had earlier instituted WP(C) 4790/2015. The said writ petition was allowed vide Order dated 15.07.2016 with direction to the State Respondents to take steps for rectifying the anomaly and to select and consider the appointment of the appellant as a candidate belonging to the Reserved category. Pursuant to the said direction of the Court, the State Level Police Recruitment Board (SLPRB) met on 17.08.2016 and on examination of the relevant records a finding was recorded to the effect that the Caste Certificate of the appellant was genuine and that the appellant belongs to the Scheduled Caste category. Another finding was recorded to the effect that notwithstanding his Scheduled Caste status, he cannot be considered for appointment as A.B. Constable as the last selected candidate under the Scheduled Caste category i.e. one Sri Jugal Das had also secured 55.00 marks in aggregate, as in the case of the appellant. Both the appellant and Sri Jugal Das being equally placed, the SLPRB had taken recourse to para 63 of the Guidelines for District Level Selection Committee which provided that in case of a tie in marks, the candidate older in age will be placed higher in the merit list. The Board recorded that whereas the date of birth of Sri Jugal Das is 26.02.1992 and was thus placed at the 24th place of the last of the total posts available for Scheduled Caste (Male) category in Sonitpur district, the date of birth of the appellant is 11.01.1993, placing him at the 25th place. Having regard to the findings of the Board, the letter dated 10.11.2016 was issued from the Office of the Additional Director General of Police (T &AP), Assam stating that the case of the appellant could not be considered for appointment as A.B. Constable. In the said communication it was also clarified that the last candidate selected under the Scheduled Caste category i.e. Sri Jugal Das secured 55.00 marks in aggregate and it was only the last female candidate under the said reserved category who secured 52.50 marks.;