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HomeHigh CourtRajasthan High Court - JaipurNarayan Lal Chhaba S/O Shri Kana Ram vs Staff Selection Commission on...

Narayan Lal Chhaba S/O Shri Kana Ram vs Staff Selection Commission on 25 February, 2026


Rajasthan High Court – Jaipur

Narayan Lal Chhaba S/O Shri Kana Ram vs Staff Selection Commission on 25 February, 2026

[2026:RJ-JP:8091]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

            (1) S. B. Civil Writ Petition No. 2470/2023

Mahesh Kumar Gurjar S/o Shri Chhote Lal Gurjar, Aged about 23
years, R/o Village Ladiya, Post Paragpura, Tehsil Reni, District
Alwar, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1         Staff Selection Commission through Chairman, Block No.
          12, CGO Complex, Lodhi Road, New Delhi -110003.
2         Director General, Directorate General CRPF (Recruitment
          Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
          New Delhi-110066.
3         Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
          Nagar, (U.P.)
4         Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.
                                                                 ----Respondents

Connected With
(2) S. B. Civil Writ Petition No. 2449/2023
Mukesh Meena S/o Shri Om Prakash Meena, Aged about 25
years, R/o Village Gaizi, Post Parasoli, Tehsil Dudu, District
Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(3) S. B. Civil Writ Petition No. 2541/2023
Banwari Lal Jat S/o Shri Badri Lal Jat, Aged about 26 years, R/o
Village Khatwad Post Jhag, Tehsil Mozmabad, District Jaipur.

—-Petitioner

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Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(4) S. B. Civil Writ Petition No. 2591/2023
Nandram Jat S/o Shri Raghunath Jat, Aged about 23 years, R/o
Village Nolya Post Dudu, Tehsil Dudu, District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(5) S. B. Civil Writ Petition No. 2620/2023
Bhagchand Gurjar S/o Sri Nanda Ram Gurjar, Aged about 19
years, R/o Aama Ki Dhani, Gaiji Post Padasoli, Tehsil Dudu,
District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

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3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(6) S. B. Civil Writ Petition No. 2621/2023
Rakesh Kumar Jat S/o Shri Vishram Jat, Aged about 20 years,
R/o Village Madhopura, Post Dantri, Tehsil Dudu, District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(7) S. B. Civil Writ Petition No. 2622/2023
Sita Ram Jat S/o Shri Dana Ram Jat, Aged about 26 years, R/o
VPO- Chainpura, Tehsil Phulera, District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(8) S. B. Civil Writ Petition No. 2623/2023
Deepak Meena S/o Shri Sakram Meena, Aged about 20 years,
R/o Village Gaizi Post Padasoli, Tehsil Dudu, District Jaipur.

—-Petitioner

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Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(9) S. B. Civil Writ Petition No. 2624/2023
Sanvar Mal Kumhar S/o Shri Ganesh Kumhar, Aged about 22
years, R/o Village Itakhol, Post Dhandholi, Tehsil Didi, District
Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(10) S. B. Civil Writ Petition No. 2667/2023
Manoj Bamal S/o Shri Chouthu Ram Jat, Aged about 26 years,
R/o V/p Tiloniya, Tehsil Kishangarh, District Ajmer.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

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3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(11) S. B. Civil Writ Petition No. 2672/2023
Dharmraj Choudhary S/o Rameshwar Lal Choudhary, Aged about
23 years, R/o Riyado Ka Mohalla, Lordi, Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(12) S. B. Civil Writ Petition No. 2793/2023
Laxman Choudhary S/o Lala Ram Choudhary, Aged about 23
years, R/o Village Bhagwanpura, Post Sergarh, Tehsil Masuda,
District Ajmer.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(13) S. B. Civil Writ Petition No. 2816/2023
Jitendra Choudhary S/o Harphool Choudhary, Aged about 25
years, R/o Kudiyo Ki Dhani, Badi Ka Kheda Bagru, Tehsil

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Sanganer, District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(14) S. B. Civil Writ Petition No. 3334/2023
Vishram Prajapat S/o Shri Ramesh Prajapat, Aged about 26
years, R/o Near Sarkari School, Mahatgaon, Post Rahlana, Tehsil
Dudu, District Jaipur, Rajasthan.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 FTR HQ (special ops), Border Security force, PO : IAF,
Yelahanka, Bangalore-560063
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(15) S. B. Civil Writ Petition No. 3335/2023
Mohit Singh S/o Shri Kiran Pal Singh, Aged about 26 years, R/o
Village Rahalana, District Jaipur.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,

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New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(16) S. B. Civil Writ Petition No. 3336/2023
Aman Verma S/o Shri Ramesh Chand Verma, Aged about 22
years, R/o Village Chimanpura, Post Bhatton Ki Gali, District
Jaipur, Rajasthan.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(17) S. B. Civil Writ Petition No. 3337/2023
Kishan Lal Choudhary S/o Ramdhan Choudhary, Aged about 21
years, R/o Village Ganeshpura, The. Mouzmabad, District Jaipur,
Rajasthan.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents

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(18) S. B. Civil Writ Petition No. 3338/2023
Narayan Lal Chhaba S/o Shri Kana Ram, Aged about 25 years,
R/o Village Rampura, Post Buharu, Tehsil Roopangarh, District
Ajmer.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(19) S. B. Civil Writ Petition No. 3339/2023
Omprakash Choudhary S/o Shri Prahalad Choudhary, Aged about
23 years, R/o Jato Ka Mohalla, Tumbipura, Post Mojamabad,
Tehsil Dudu, District Jaipur, Rajasthan.

—-Petitioner
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(20) S. B. Civil Writ Petition No. 3340/2023
Abhishek Jat S/o Shri Banwari Lal Jat, Aged about 22 years, R/o
Ghauslya Ki Dhani, Jaitpura, Tehsil Chomu, District Jaipur,
Rajasthan.

—-Petitioner
Versus

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1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi -110003.
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Commandant, C.I.S.F. Unit, NTPC, Dadri, Gautam Buddha
Nagar, (U.P.)
4 Senior Commandant, C.I.S.F., RTC, Bhilai, Chhatisgarh.

—-Respondents
(21) S. B. Civil Writ Petition No. 3031/2024

1. Jitendra S/o Shri Mahaveer Meena, Age about 21 years,
R/o Village Palri Bhoptan, Post Badhun, Tehsil Rupang
Garh, District Ajmer, Rajasthan
2 Arjun Singh S/o Shri Raghuveer Singh, Age about 28
years, R/o VOP Harsoli, Tehsil Dudu, District Jaipur
(Presently District Dudu), Rajasthan
3 Ummed Singh Choudhary S/o Shri Rameshwar Prasad
Choudhary, R/o Village Govindpura, Post Khelniya, Tehsil
Uniyara District Tonk, Rajasthan
4 Kalu Ram Choudhary S/o Shri Mani Ram Choudhry, Age
about 25 years, R/o Village Itakhoi, Post Dhandholi, Tehsil
Dudu, District Jaipur (Presently District Dudu), Rajasthan

—-Petitioners
Versus
1 Staff Selection Commission through Chairman, Block No.
12, CGO Complex, Lodhi Road, New Delhi-110003
2 Director General, Directorate General CRPF (Recruitment
Branch), East Block-07, Lebel-4, Sector 01, K.R. Puram,
New Delhi-110066.

3 Inspector General, Narthern Frontier, ITB Police, Ministry
of Home Affairs, Government of India, P.O. Seemadwar,
Dehradun (Uttrakhand)-248146.

4 Deputy Inspector General, RTC Karera, ITBP Force,
District Shivpuri (MP) 473662

—-Respondents

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For Petitioners : Mr. Raghu Nandan Sharma Advocate
with Ms. Kritika Rajawat Advocate,
Mr. Abhinav Srivastava Advocate, Mr.
Ayush Bishnoi Advocate & Ms.
Manasvita Sharma Advocate.

For Respondents : Mr. Ashish Kumar Advocate with Mr.
Devesh Yadav Advocate.

HON’BLE MR. JUSTICE ANAND SHARMA

Judgment

Date of conclusion of arguments :: 18.02.2026
Date on which judgment was reserved :: 18.02.2026
Whether the full judgment or only
the operative part is pronounced :: Full Judgment
Date of pronouncement :: 25.02.2026

1. Since the facts, cause of action and question involved in

all these writ petitions are similar, therefore, with the consent of

the parties, the writ petitions were heard together and are being

decided by this common judgment.

2. For the sake of convenience, facts stated in S.B. Civil

Writ Petition No. 2470/2023 (Mahesh Kumar Gurjar vs. Staff

Selection Commission & Others) are being taken into

consideration.

3. Facts, in brief, are that the respondent-Staff Selection

Commission issued an advertisement in the 2021 inviting

applications for direct recruitment on the posts of Constable (GD)

in Central Armed Police Forces (CAPFs), NIA, SSF and Rifleman

(GD) in Assam Rifles Examination. As per the advertisement, the

vacancies of Constable (GD) were although to be filled on all India

basis in SSF and in CAPFs, the vacancies were divided Statewise.

As per the advertisement, the candidates were to be considered

for recruitment in their respective States/UTs on production of

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valid Domicile/Permanent Residential Certificate issued by the

competent authority so authorised by the concerned District/UT to

prove their domiciliary status at the time of documents

verification, failing which the candidature of the concerned

candidate was liable to be cancelled.

4. The advertisement also permitted the candidates, who

have migrated from one State to another State to apply even from

State of migration. However, for claiming reservation, all such

candidates belonging to castes of SC/ST or OBC, were required to

make an informed choice whether to get benefit of reservation in

the State of origin or to appear as unreserved candidates from the

State of migration. No request for change of option was

permissible and in case, a candidate opts to avail the benefit of

reservation from State of origin then, he/she was required to

submit information about the District and State of origin as well as

the District and State of current domicile in the application form.

5. The application forms were to be filled online and the

candidates were required to give correct information, else

incorrect information would entail result of cancellation of

candidature of the respective candidate.

6. The petitioners in all the writ petitions, originally

pertain to different Districts of State of Rajasthan, however, in the

application forms, they opted to apply in reserved category from

different States other than Rajasthan.

7. As per the petitioners, they all participated in the

selection process and secured sufficient marks so as to include

their names for basic training. However, during the documents

verification, their candidatures were rejected on the ground that

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although the petitioners belong to Rajasthan, yet they have been

selected for the post of Constable (GD) against the vacancies of

other States, but during documents verification, they failed to

produce a Domicile/Caste Certificate etc. issued by other State

and rather the Domicile/Caste Certificate etc. produced by the

petitioners were issued by the authorities of State of Rajasthan.

Under these circumstances, the petitioners have filed instant writ

petitions. Prayer made in S.B. Civil Writ Petition No. 2470/2023 is

being reproduced as under:

“It is therefore, prayed may kindly call for the record
concerning the case and after perusing the same, please
accept the writ petition and by way of writ, order, and
direction: —

(i) Quash and set-aside letter/order dt. 02.1.2023,
whereby, petitioner was not allowed in further basic
training for the post of Constable (GD) in CISF, in
pursuance of offer of appointment letter dt. 14.11.2022,
even after allow and training of some days.

(ii) Direct to the respondents, to allow to continue in the
basic training for the post of Constable (GD) in CISF with
all consequential benefits.

(iii) Any other relief which Hon’ble Court deemed fit and
proper by considering facts and circumstance of the case
granted in the favour of the petitioner.”

8. Learned counsel for the petitioners submitted that

rejection of candidatures of the petitioners on account of not

submitting Domicile/Residential Certificate of other State, from

which they submitted their applications, is totally against the

scheme of recruitment. It was submitted that the recruitment in

question being on all India basis, the candidates were allowed to

appear even from their State of migration and were not required

to produce Domicile /Residential Certificate of such State of

migration, yet in quite and arbitrary manner, despite securing

sufficient marks in the recruitment process, the petitioners have

been deprived of their legitimate right to get appointment. The

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petitioners have also submitted that many other candidates, who

although belong to State of Rajasthan and filled their applications

from other States, have been permitted to join on the post of

Constable (GD) without being required to produce any

Domicile/Residential Certificate issued by authorities of such other

States. As such, the stand taken by the respondents is quite

discriminatory and they have adopted a policy of pick and choose.

9. The respondents have filed reply/additional affidavit so

as to counter the writ petitions and submitted that the scheme of

recruitment and examination was explicitly clear and in the

advertisement itself, it was made clear that although the

candidates can also apply from migrated State, yet they were

required to produce Domicile/Residential Certificate of such

migrated State.

10. Learned counsel for the respondents submitted that

although all the petitioners have submitted their application forms

from the States other than Rajasthan, showing such other States

as the States of migration, yet they have not produced any

document whatsoever either before the recruiting agency or in the

application form or even with the instant writ petitions to show

that such “other State” was their State of migration.

11. Learned counsel for the respondents also submitted

that the pleadings in the writ petitions are totally vague, as no

statement whatsoever has been made in all the writ petitions that

such States (other than Rajasthan) were their States of migration.

Not a single document showing the petitioners to be migrated

residents of such other States has been produced. Therefore,

under such circumstances, the respondents have not committed

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any mistake in rejecting candidature of the petitioners and not

allowing them to join. Learned counsel submits that any order

earlier issued for permitting the petitioners to join for basic

training was provisional in nature subject to satisfying other

prescribed eligibility conditions. Therefore, merely on receiving

such provisional letter for training would not create any vested

right in favour of the petitioners. The petitioners cannot claim

appointments and joining pursuant to such provisional letter as a

matter of right.

12. As regards contention of learned counsel for the

petitioners that so many other candidates, who although belong to

State of Rajasthan and applied from other States, have been

allowed to join in different CAPFs without producing any

Domicile /Caste Certificate of the other States, it has been

submitted by learned counsel for the respondents that such

appointment orders clearly contain a condition that the

appointments were provisional and subject to status of domicile or

Domicile Certificate being verified. Condition No. 2(xiv) of the

provisional appointment letters further make it clear that in case

during verification, it is revealed that the claim of belonging to

other State, against whose vacancy selection has been made is

found to be false, the services will be terminated forthwith without

assigning any further reasons and without prejudice to such

further action as may be taken under the provisions of the Indian

Penal Code. Thus, it has been submitted that in case any of the

candidate as pointed out by the petitioners, who has been

appointed despite not possessing requisite Domicile Certificate,

and on enquiry, if such allegations are found true, then, necessary

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legal action as per Condition No. 2(xiv) of the provisional

appointment letters shall be taken. Learned counsel for the

respondents submitted that the petitioners have attempted to get

appointment without even possessing the Domicile Certificate of

other State. By way of filing instant writ petitions, the petitioners

are trying for validating their irregular act. Therefore, learned

counsel for the respondents prayed that writ petitions may be

dismissed.

13. I have heard learned counsel for the parties and

carefully examined the material on record.

14. As the controversy involved in the instant writ petitions

revolves around different conditions of the advertisement

(Annexure-1 of S.B. Civil Writ Petition No. 2470/2023), it would be

relevant to reproduce following conditions contained therein:

“1.6 Vacancies of Constable (GD) in SSF will be filled on All
India basis whereas vacancies in all other CAPFs will be
filled as per the vacancies available in various States/ UTs.
In addition, vacancies are earmarked for the Border
Guarding Districts and Militancy/ Naxal affected Districts
which are reserved for the candidates of these districts
only.

3.3 As the vacancies in CAPFs have been earmarked
States/ UT-wise, candidates are required to submit
Domicile/ Permanent Residential Certificate of the State/
UT indicated by them in the online Application Form at the
time of DME/ Documents Verification failing which his/her
candidature will be cancelled forthwith and the candidate
will not be allowed to appear in the Detailed Medical
Examination. If a candidate produces Domicile/ Permanent
Resident Certificate (PRC) issued by a State other than the
State mentioned in his/her application, he/ she shall not be
allowed to change the State at the time of Document
Verification and his/her candidature shall be cancelled
straightaway. Therefore Candidates should fill the
Application Form very carefully.

4 Nationality/ Citizenship: Candidate must be a citizen
of India. Vacancies are state/ UT wise hence a candidate
must submit domicile/ PRC against his state/UT.

6.1 Candidates who wish to be considered against
vacancies reserved/ or seek age-relaxation are required to
submit requisite certificate from the competent authority,
in the prescribed format, when such certificates are sought
by concerned CAPFs for document verification at the time

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of DME. Otherwise, their claim for SC/ST/OBC/ EWS
category will not be entertained and their candidature/
applications will be considered under Un-reserved (UR)
category. Further, if a candidate has sought any other age-
relaxation or claimed ESM status and is not able to produce
the relevant certificate, he will be considered in his
respective category i.e. SC/ST/OBC/EWS/ UR. The formats
of the certificates are annexed with the Notice of
Examination.

6.2 A candidate belonging to a caste of SC, ST or OBC
category, on migration from one State to another
State will have to make an informed choice whether
to get the benefit of reservation in the State of origin
or to appear as unreserved candidate from the State
of migration. Such choice will have to be exercised by
the candidate in the online Application Form. No
request for change of such option, after the
submission of Application Form, will be entertained
by the Commission. In case, a candidate opts to avail
the benefit of reservation from the State of origin, he
will have to submit information about the District and
State of his origin as well as the District and State of
his current domicile in the Application Form and his
candidature will be considered from the State of
origin. Such candidates will not be required to submit
Domicile Certificate from the State of origin.

6.5 Candidates may also note that in respect of the above,
their candidature will remain provisional till the veracity of
the concerned document is verified by the Appointing
Authority. Candidates are cautioned that they will be
debarred from the examinations conducted by the
Commission in case they fraudulently claim SC/ST/OBC/
EWS/ ESM status or avail any other benefit.

6.6 Candidates will be considered for recruitment in their
respective State/UT on production of valid “Domicile/
Permanent Residential Certificate (PRC)” issued by the
competent authority so authorized by the concerned
State/UT to prove their domiciliary status at the time of
Documents Verification (DV) failing which his candidature
will be cancelled forthwith. The Domicile/ PRC certificate
must be of the State/ UT indicated by the candidates in
their online Application Form, failing which, their
candidature will be cancelled forthwith.

6.7 Since the State of Assam is not issuing Domicile
Certificate/ Permanent Residence Certificate, candidates
belonging to the state of Assam are not required to submit
the same. However, their selection will be subject to
verification of residential status from the concerned District
Authorities.

13.13 Candidates will be considered for the vacancies of a
State/ UT and further for the vacancies of Border Guarding
Districts, Militancy/ Naxal affected Districts based on the
information provided by them in the online Application
Form and subsequent submission of relevant Domicile
Certificate at the time of DME/ Document Verification.
CANDIDATES SHOULD BE VERY CAREFUL AND MUST
EXERCISE DUE DILIGENCE WHILE PROVIDING
INFORMATION ABOUT DOMICILE STATE AND

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DISTRICT IN THE ONLINE APPLICATION FORM. NO
REQUEST FOR CHANGE OF DOMICILE STATE AND
DISTRICT WILL BE ENTERTAINED BY THE
COMMISSION AFTER SUBMISSION OF APPLICATION
FORM UNDER ANY CIRCUMSTANCES. IF THERE IS
ANY VARIATION OF DISTRICT AND/OR STATE
MENTIONED BY THE CANDIDATE IN THE ONLINE
APPLICATION FORM AND THE DOMICILE
CERTIFICATE SUBMITTED BY THEM AT THE TIME OF
DME/ DOCUMENT VERIFCATION, THEIR
CANDIDATURE WILL BE CANCELLED FORTHWITH
AND THEY WILL NOT BE ALLOWED TO PARTICIPATE
IN THE DETAILED MEDICAL EXAMINATION.

19 Important instructions to candidates:

5 A candidate belonging to a caste of SC, ST or OBC
category, on migration from one State to another
State will have to make an informed choice whether
to get the benefit of reservation in the State of origin
or to appear as unreserved candidate from the State
of Migration. Such choice will have to be exercised by
the candidate in the online Application Form. No
request for change of such option, after the
submission of Application Form, will be entertained
by the Commission. In case, a candidate opt to avail
the benefit of reservation from the State of origin, he
will have to submit information about the District and
State of current domicile as well as the District and
State of his origin in the Application Form. His
candidature in such cases will be considered from the
State of origin.

11 CANDIDATES MUST BE VERY CAREFUL AND
SHOULD EXERCISE DUE DILIGENCE WHILE
PROVIDING INFORMATION ABOUT DOMICILE STATE
AND DISTRICT IN THE ONLINE APPLICATION FORM.

NO REQUEST FOR CHANGE OF DOMICILE STATE AND
DISTRICT WILL BE ENTERTAINED BY THE
COMMISSION AFTER SUBMISSION OF APPLICATION
FORM UNDER ANY CIRCUMSTANCES. IF THERE IS
ANY VARIATION OF DISTRICT AND/OR STATE
MENTIONED BY THE CANDIDATE IN THE ONLINE
APPLICATION FORM AND THE DOMICILE
CERTIFICATE SUBMITTED BY THEM AT THE TIME OF
DME, THEIR CANDIDATURE WILL BE CANCELLED
FORTHWITH AND THEY WILL NOT BE ALLOWED TO
PARTICIPATE IN THE DME.”

15. In addition to above, it would also be relevant to

reproduce relevant paras of application form filled by petitioner

Mahesh Kumar Gurjar and annexed with S.B. Civil Writ Petition

No. 2470/2023 as under:

17 PREFERENCE OF EXAMINATION CENTERS

EXAMINATION CENTER EXAMINATION CENTER EXAMINATION CENTER
(FIRST PREFERENCE) (SECOND PREFERENCE) (THIRD PREFERENCE)
JAIPUR (2405) ALWAR (2402) KOTA (2407)

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18 STATE/UT OF DOMICILE 19 DISTRICT OF DOMICILE

RAJASTHAN ALWAR

20.1 HAVE YOU MIGRATED FROM THE STATE/UT OF 20.2 WHETHER YOU WOULD
YOUR ORIGIN TO ANOTHER STATE/UT LIKE TO AVAIL THE BENEFIT OF
RESERVATION FROM THE
STATE/UT OF YOUR ORIGIN

YES YES

20.3 STATE/UT OF ORIGIN 20.4 DISTRICT OF ORIGIN

TAMIL NADU CHENNAI

21 CANDIDATE BELONGS TO MILITANCY/ NAXAL 22 CANDIDATE BELONGS TO
AFFECTED DISTRICT BORDER DISTRICT

NO NO

16. Thus, it is quite clear that although the respondent-

Union of India through Staff Selection Commission intended to fill

up the posts while initiating recruitment process on all India basis,

yet in order to rationalise the recruitment, the vacancies were

required to be filled by Statewise.

17. In the advertisement itself, it was made clear that a

candidate can apply from his/her State of origin or from State of

migration, yet while submitting said option, the candidate was

required to produce Domicile Certificate of respective State.

18. This Court examined the pleadings of the writ petitions

and has not found that in any of the writ petition, the petitioner,

although applied from a State other than Rajasthan, despite

originally belonging to State of Rajasthan (State of origin), yet not

a single fact has been pleaded to support the stand that the other

State (such as State of Tamil Nadu, Assam etc.) was his/her State

of migration. The term, “State of migration”, obviously here refers

to a State which although is not the State of origin of the

respective candidate, but on account of certain reasons, the

candidate has migrated to another State. In order to show such

migration, the candidate was required to produce at least some

document such as Certificate of Permanent Residence, Domicile

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Certificate, Caste Certificate or any other similar document.

However, neither there are pleadings to this effect, nor are there

any documents on record of any of the writ petition to support

such claim.

19. Under such circumstances, where Conditions No. 3.3,

6.2 and 6.6 of the advertisement are quite clear that the

candidates were although permitted to apply by opting for any

other State, other than State of origin, yet they were bound to

produce Domicile/Caste Certificate or any other certificate so as to

support their claim for recruitment against the vacancies of such

other State. The scheme of recruitment revealed in the

advertisement would also make it clear that it was not open for

the candidates to apply against the vacancies of any State of their

choice. They could have applied only for the vacancies of their

State of origin or State of migration and such application should

be supported by valid documents in support of their claim.

Admittedly, none of the petitioners in the writ petitions have

produced or indicated any document to prove that the State from

which they have applied was their State of migration.

20. Condition No. 13.13 and sub-clause 11 of Condition No.

19 of the advertisement are also clear that the candidates should

be very careful and must exercise due diligence while providing

information about domicile State and District in the application

form and any variation from the information, if found during

documents verification, would entail cancellation of their

candidature. Under these circumstances, it is clear that the

respondents have not committed any irregularity or illegality in

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rejecting candidature of the petitioners and not to continue their

basic training.

21. It is also settled proposition of law that mere issuance

of provisional appointment letter containing specific condition that

the provisional appointment is subject to verification of

documents, would not create any vested right in favour of such

provisional appointee and under such circumstances, where

despite having provisional appointment, the candidate fails to

submit documents in support of his/her application form, then

such provisional appointment is bound to be cancelled.

22. So far as contention of the petitioners that so many

candidates, whose names have been indicated by the petitioners

in the memos of writ petitions as well as in additional affidavits,

and who also belong to State of Rajasthan, which is their State of

origin, yet they applied from any other State without placing any

document on record to show that such other State was their State

of migration, is concerned, in considered opinion of this Court, the

petitioners are not going to be benefitted from such argument. It

is settled proposition of law that equality and parity is a positive

concept. There is no concept of negative equality and provisions of

Article 14 of the Constitution of India cannot be invoked to raise a

plea of discrimination by citing an example of illegality taken place

to extend benefits to others. In the case of Chandigarh

Administration & Another vs. Jagjit Singh & Another,

(1995) 1 SCC 745, the Hon’ble Supreme Court has held that a

wrong decision in favour of one person would not create vested

right in favour of others. Even otherwise, merely if an illegality has

been committed in favour of others, illegal benefit in favour of

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petitioners also even by way of court’s order would amount to

perpetuating illegality already committed. No such writ or

direction can be issued so as to perpetuate the illegality, which

would otherwise ruin the entire recruitment scheme and

fundamental structure of the recruitment process. Hence, the

plea of discrimination raised by the petitioners is totally baseless

and unfounded.

23. In view of above discussion, this Court does not find

any merit and substance in the instant writ petitions and the same

are, hereby, dismissed.

24. However, mere dismissal of these writ petitions would

not absolve the respondents from their basic responsibility to

maintain parity. As undertaken by learned counsel for the

respondents on instructions, the respondents will conduct a fact

finding enquiry so as to examine the allegations made by the

petitioners that the candidates, who do not possess requisite

Domicile /Caste Certificate of alleged State of migration, have

been allowed to join and are still continuing in the service. In

case, such facts are prima facie found to be correct, then under

such circumstances, where such appointees are not parties to the

present writ petitions, the respondents shall afford opportunity of

hearing to them by way of issuing show cause notice along with all

the details and thereafter, orders in accordance with law shall be

passed by the respondents. The said exercise shall be completed

by the respondents within a period of three months from today

and compliance report thereof shall be filed before this Court.

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25. Office is directed to post these matters before this

Court in the second week of July, 2026 to see the compliance of

the aforesaid directions issued by this Court.

26. Pending applications, if any, stand disposed of.

27. Office is also directed to place a copy of this judgment

on record of each connected writ petition.

(ANAND SHARMA),J

MANOJ NARWANI /

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