Calcutta High Court Orders Reconsideration of Recruitment Appeal in Central Armed Police Force Case
Court Emphasizes Substantive Rights Over Procedural Lapses, Directing Appellate Authority to Re-evaluate Petitioner's Height Measurement Appeal
In a significant ruling, the Calcutta High Court has directed the appellate authority to reconsider an appeal filed by Gopal Sikdar, a candidate in the Central Armed Police Force recruitment process, whose application was initially rejected due to height measurement discrepancies. The court underscored that substantive rights should not be denied due to procedural irregularities beyond the control of the candidate.
Presiding Judge Aniruddha Roy emphasized that the petitioner's inability to submit his appeal on the same day as the rejection was due to a large gathering of candidates, which prevented him from approaching the presiding officer timely. The court found the reasons presented by the petitioner to be bona fide and beyond his control, thus deserving reconsideration.
The petitioner, represented by counsel Mr. Siddhartha Sankar Mondal, argued that his actual height was 170 cms, contrary to the 169.4 cms measured by the PST Board. The cut-off height for eligibility was set at 170 cms. Despite filing the appeal through Speed Post and email shortly after the rejection, procedural challenges impeded immediate submission.
Referencing a precedent set by the Division Bench in Koushik Pal v. Union of India, where similar appeals were allowed beyond the stipulated time, the court directed the competent authority to assess the appeal on its merits and strictly in accordance with the law. The appellate authority is mandated to provide a reasoned decision within three weeks from the submission of the representation.
This ruling highlights the judiciary's commitment to ensuring fairness in recruitment processes, particularly when procedural issues arise that are outside a candidate's control. The court clarified that it has not evaluated the merits of the petitioner's case, leaving the ultimate decision to the appellate authority.
The decision is expected to impact the ongoing recruitment process in the Central Armed Police Force, ensuring that candidates' appeals are thoroughly and fairly considered, particularly in cases involving procedural challenges.
Bottom Line:
Candidate's appeal for height re-measurement in Central Armed Police Force recruitment rejected on procedural grounds - Court held that substantive right of appeal cannot be denied merely due to procedural irregularity beyond the candidate's control - Direction issued to appellate authority for reconsideration.
Statutory provision(s): Service Law - Recruitment process, Central Armed Police Force, Precedent
Gopal Sikdar v. Union of India, (Calcutta) : Law Finder Doc Id # 2782427
