RAKESH MEENA Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) An advertisement/ Notice dtd. 24/1/2015 was published in Employment News/ Rozgar for recruitment to the post of Constables (GD), Samachar CAPFs, NIA 85 SSF and Rifleman (GD) in Assam Rifles, Examination, 2015. The applications were invited through online mode except for the State of Jammu and Kashmir, North Eastern States and Left Wing Extremism affected districts and border districts of the country, where option of applying through both, online as well as offline, mode was given. The eligible candidates were sent call letters for Physical Standard Test ('PST') and Physical Endurance Test ('PET') and those who qualify the PST and PET in both online and offline mode, were eligible for written examination. Thereafter, copies of supporting documents were to be sought from those candidates who qualify PST and PET and these were to be scrutinized after the written examination. The online examination was conducted in English and Hindi languages, whereas the offline examination was conducted in English, Hindi and regional language. After declaration of the result of written examination, the result of the shortlisted candidates was to be declared and call letters for Detailed Medical Examination ('DME') and Review Medical Examination ('RME') were to be issued. The final result of the selected candidates, state-wise without allocation of Force, was to be issued. On the basis of the said merit list, Force allocation was to be done.

(2.) The petitioner claims to have applied for recruitment in the aforesaid examination in the Scheduled Tribe ('ST') category; appeared in the written examination, medical examination and PET. In the final marks list, petitioner claims to have obtained 67 marks. However, the petitioner did not receive the appointment letter, though the other candidates, who had secured much less marks than the petitioner, were issued joining letter. Hence, the present petition has been filed by the petitioner seeking a direction to the respondent to issue appointment letter to him.

(3.) During the course of hearing, learned counsel appearing on behalf of petitioner submitted that petitioner had scored 67 marks in the recruitment process but since he did not receive the appointment letter, therefore, he approached the respondent. He was informed that his claim for reservation under the ST category was not admitted as per Government of India guidelines. Learned counsel submitted that it is admitted by respondent that if a candidate belonging to the SC/ST category migrates from one state to another State, on migration he does not lose his status of SC/ST from the state of origin.