THUNGBEMO ODYUO Vs. UNION OF INDIA

JUDGEMENT

(1.) The action of cancellation of the appointments of the petitioners as Constables (GD) in the CRPF is the subject matter of dispute in this petition filed by the 6 petitioners who have joined together. Initially, the petition was filed challenging an order dtd. 24/7/2021 by which even before a final decision was taken by the competent authority pending verification, the offer of appointment of the petitioners were cancelled. Subsequently, on issuance of the final cancellation order dtd. 30/1/2023, the writ petition was amended and it is both the orders which are the subject matters of challenge.

(2.) Before going to the issue which requires a determination, it would be convenient if the facts of the case are narrated in brief.

(3.) The 6 petitioners are all indigenous residents of the State of Nagaland in various districts. Pursuant to a recruitment process for amongst others, the post of Constables (GD) in the CRPF, the petitioners had offered their candidatures. As per the advertisement, the selection process was based on 4 stages, namely, Computer Based Examination, Physical Examination Test (PET), Physical Standard Test (PST) and Medical Examination. On being successful in all the aspects, the petitioners were offered appointments on 15/2/2021 whereafter they had reported and were assigned duties. The petitioners were also given Force numbers. However, vide the first impugned communication dtd. 24/7/2021 issued by the office of the DIG, the offer of appointment was cancelled on the ground that there were discrepancies in the district of domicile and the district of permanent residence. Though the letter indicated that further verification was being done, the offer of appointment was already cancelled vide order dtd. 24/7/2021 and since the representations filed by the petitioners were rejected, the writ petition was instituted. Subsequently, the order dtd. 30/1/2023 was passed of final cancellation and accordingly, as indicated above, the amended writ petition has been filed.