DISTRICT : CACHAR

IN THE GAUHATI HIGH COURT

( The High Court of Assam, Nagaland, Meghalaya,

Manipur, Tripura, Mizoram and Arunachal Pradesh )

( CIVIL EXTRAORDINARY JURISDICTION )

W. P. © No. 5499/2010

Hasin Ahmed Barbhuyan

-- Petitioner
-Vs-

Union of India & Ors

-- Respondents

IN THE MATTER OF : :
An Affidavit – in- Opposition on behalf of
the Respondents

AFFIDAVIT-IN-OPPOSITION
ON BEHALF OF THE RESPONDENTS

I,______________________________________, s/o
S/O___________________________, aged about ____years,
resident of ____________________P.O. _______________ in the
district of _____________________, do hereby solemnly affirm
and state as follows :

1. That I have been working as

___________________________________ under the Ministry of
Home Affairs, Govt of India and presently posted at
_____________________ and I am fully conversant with the
facts and circumstances of the case and competent and
duly authorized to swear this affidavit on behalf of the
Respondents as well as on my own behalf.

2. That the instant application under article 226 of the

Constitution of India has been totally misconceived and it
has been filed by misrepresentation of facts with an intent
to mislead this Hon’ble Court.
 3. That save and except what has been specifically
admitted herein below, all the statements and averments
made by the Petitioners in their petition may be deemed to
have been denied by this Deponent except those borne of
records.

4. That the statements made in para 1 & 2 of the petition

require no comment.

5. That the statements made in para 3 of the petition is

misleading and therefore denied by the Deponent. Mere
medical fitness does not lead to selection for appointment.
The petitioner scored less marks than other selected
candidates in the written examination and there fore he
could not find a place in the final select list.

6. That the statements made in para 4 of the petition is a matter

of record and therefore no comment is necessary. The
Deponent however denies anything which is not consistent
with records.

7. That the statements made in para 5 and 6 of the petition is

again a matter of record and to that extent no comment is
necessary. It is correct that the petitioner has been declared
physically fit and was allowed to appear in the written test
and interview.

8. That the statements made in para 7 of the petition is a

matter of records and therefore no comment is necessary.
However, the Deponent denies anything which is not
consistent with record.

9. That the statements made in para 8 is a matter of record and

no comment is necessary. It is a fact that the final merit/select
list was prepared after all the tests and those whose names
appeared in the said final merit/select list were issued offer of
appointment.
 10. That the statements made in para 9, 0 and 11 are
misleading and therefore denied by the Deponent. The two
Circulars dated 15.7.2005 and 8.9.2005 have no relevance in
the matter of recruitment carried out in 2008-10. The
recruitment was conducted in accordance with the laid down
instruction in the advertisement dated 30.9.2008 and
22,11,2008 as well as the relevant instructions issued from the
Directorate General CRPF. It is stated that the selection in being
made in CRPF purely on merit basis. Although the petitioner
qualified in the various tests, but due to less marks obtained by
him in written examination, he could not find place in final
select/merit list and therefore. Offer of appointment was not
issued to him.

11. That the statements made in para 12 &13 are matters of

records and no comment is necessary. The Deponent however
denies anything which is not consistent with the records. It is
correct that the petitioner could not find a place in the final
merit/select list due to less marks obtained by him although he
was found fit in the review medical examination.

12. That the statements made in para 14 of the petition, being

misleading, the same are hereby denied by the Deponent. Mere
medical fitness does not lead to his automatic selection based
on merit. As stated above, the petitioner could not find a place
in the final merit/select list due to less marks obtained by him in
the written examination.

13. That the statements made in para 15 of the petition is hereby

denied by the Deponent as the same is not correct. The
petitioner could not find a place in the final select/merit list due
to less marks obtained by him in the written examination.
 14. That the statements made in para 16 of the petition are
misleading and therefore denied by the Deponent. Contrary to
the contentions of the petitioner, the recruitment of CT/GD
(Male ) – 2008 was conducted strictly in accordance with the
laid down instructions in the Advertisement issued by the IGP
NES CRPF, Shillong as referred to above. The final select/merit
list was is made purely on merit basis and the same has been
drawn as per the vacancies notified category-wise. Therefore, no
fault can be found in the said selection.

15. That the statement made in para 17 of the petition is hereby

denied because the same is not correct. The petitioner has
failed to make out any case warranting any interference by this
Hon’ble Court.

16. That the statements made in para 18, 19 & 20 are quite
misleading and therefore denied by the Deponent. As indicated
above, the petitioner could not find a place in the final
merit/select list due to less marks obtained by him in the written
examination. As such, no injustice whatsoever has been done to
the petitioner.

17. That the deponent states that the petitioner has failed to
make out any case for interference by this Hon’ble Court and
therefore, the petition filed by the petitioner deserves to be
dismissed.

18. That the statements made above in para

_____________________ are true to my knowledge, those made in
para _______________________________ are true to my information
and belief as derived from record which I believe to be true, and
the rests are my humble submissions before this Hon’ble Court.

I swear that my declaration is true, that it conceals

nothing, and that no part of it is false, so help me God !

I sign this affidavit this ____day of ____________, 2010 at

Guwahati
Identified by DEPONENT

Advocate’s Clerk
Solemnly affirmed before me this day, I
certify that I read over and explained
the contents to the declarant and that
the declarant seemed perfectly to
understand.