LAWS(GAU)-2014-1-51

SHRI BASANTA PRASAD NUNIA Vs. THE UNION OF INDIA, REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPARTMENT OF HOME TO THE GOVERNMENT OF INDIA, THE INSPECTOR GENERAL OF POLICE, THE DIGP, GROUP CENTRE AND THE ADD. DIGP GROUP CENTRE, CRPF

Decided On January 23, 2014
Shri Basanta Prasad Nunia Appellant
V/S
The Union Of India, Represented By The Commissioner And Secretary Department Of Home To The Government Of India, The Inspector General Of Police, The Digp, Group Centre And The Add. Digp Group Centre, Crpf Respondents

JUDGEMENT

(1.) HEARD Mr. A. Choudhury, the learned Counsel for the petitioner. The respondents are represented by Ms. R. Bora, the learned Central Government Counsel. The petitioner offered his candidature for the post of Constable (GD) in the CRPF by responding to the advertisement issued by the Inspector General of Police, CRPF, Guwahati and after his candidature was evaluated by the Selection Board, the petitioner was offered appointment through the letter dated 4.4.2006 (Annexure -D) issued by the Addl. D.I.G., CRPF. However despite the offer of appointment, the petitioner was not allowed to join service and accordingly the aggrieved candidate is before the Court.

(2.) THE petitioner's height is 165.5 c.ms. and the issue here is whether he is entitled to relaxation of the height requirement, meant for Hill area/Tribal candidates which prescribes a lower height standard of 165 c.ms. instead of the required height of 170 c.ms.

(3.) THE respondents however contend that the petitioner belongs to the Tea Garden Labour community and is a permanent resident of Assam and he can't be considered to be a candidate from the Hill area/or Tribal, for whom relaxation of height criterion is permissible. Since all candidates are required to possess the minimum height of 170 c.ms. and as the candidate does not satisfy the enlistment standard, he can't expect to be appointed as a CRPF Constable.