JUDGMENT : The instant writ petition under Article 226 of the Constitution of India is preferred by the petitioner assailing inter-alia an Office Letter dated 22.07.2016 and also his non-selection to the post of Operator Radio Line [ORL] pursuant a Recruitment Rally held in the year 2012 by the respondent Assam Rifles authorities. 2. The petitioner has claimed that he belongs to the Scheduled Tribe [ST] categories and a permanent indigenous inhabitant of Nagaland. 3. It is the case of the petitioner that in the month of October, 2012, an Advertisement was published inviting applications for regular selection and appointment in the posts of Trade -Operator Radio Line [ORL] by the respondent no. 4. As per the said Advertisement, the candidates shall be required to qualify in the Physical Efficiency Test [PET] as per the standards and procedures prescribed by the Assam Rifles Rules, 2010 from time to time therein. It was mentioned in the Advertisement that only those candidates who were found eligible and qualified in the PET, would be called for participating in the Written Test to be conducted by the Selection Committee, duly constituted for the purpose. 4. In response to the said Advertisement, the petitioner submitted his candidature and on his application being found complete, the petitioner was called to participate in the Assam Rifles Recruitment Rally -2012. It is the further case of the petitioner that he received a Call Letter from the respondent authorities whereby the petitioner was asked to report at 07-00 hours on 15.10.2012 for the Written Test. On receipt of the Call Letter, the petitioner duly appeared in the Written Test. Thereafter, the petitioner who was allotted Candidate ID no. 3196, was informed by another Call Letter for Medical Test stating that the petitioner had qualified in the Written Test conducted at Dimapur and he had to report for Medical Test at the Assam Rifles Composite Hospital [ARCH] at Dimapur at 07-00 hours on 11.12.2012. The petitioner accordingly appeared for the medical examination at the time, date and venue mentioned by the respondent authorities. According to the petitioner, the petitioner was found medically fit in the medical examination test by the Medical Board. 5. Thereafter, the petitioner being confident of receiving appointment in view of his performance in the exams of the recruitment process including the Written Test and Medical Test, waited for his appointment. According to the petitioner, the petitioner was found medically fit in the medical examination test by the Medical Board. 5. Thereafter, the petitioner being confident of receiving appointment in view of his performance in the exams of the recruitment process including the Written Test and Medical Test, waited for his appointment. But during the subsequent period, he did not receive any information offering him appointment for the post of Trade Operator Radio Line [ORL]. When the petitioner did not receive final results of the Assamm Rifles Recruitment Rally -2012 wherein he participated, the petitioner submitted representations before the respondent authorities on 22.07.2013, 20.02.2014, 09.09.2014, 03.03.2015 and 14.07.2016. 6. It was in response to his Representation dated 14.07.2016, the Office of the Directorate General Assam Rifles, Shillong provided information to the petitioner about his performance in the Assam Rifles Recruitment Rally -2012 vide its Letter no. I.12016/Rect Branch/2016/187 dated 22.07.2016. In the said Reply on the subject ‘Enrolment into Assam Rifles : Regarding’, the petitioner was informed that the respondent authorities acknowledged the attendance of the petitioner in the Assam Rifles Recruitment Rally -2012 [Technical] at Dimapur, Nagaland for the post Operator Radio Line [ORL] trade against ST category. The petitioner had further been informed that he was found ‘Low in Merit’ against the vacancy allotted for the State of Nagaland. It had been notified that the petitioner had secured lesser marks in the Written Test from the other candidates, who were selected against the available vacancies. 7. After receipt of the Officer Letter dated 22.07.2016, the petitioner sought further information in respect of the Assam Rifles Recruitment Rally -2012 [Technical], more particularly, about the selection made for the posts Trade -Operator Radio Line [ORL] from the respondent authorities under the Right to Information [RTI] Act, 2005. It is the case of the petitioner that the information the petitioner sought for under the RTI Act, 2005 was denied on the ground that no third party personal information can be provided under Section 8[j] of the RTI Act, 2005. 8. The petitioner thereafter, approached the Central Administrative Tribunal, Guwahati Bench by filing an original application against his non-selection. The said original application was registered and numbered as O.A. no. 46/303/2018. In the said original application, the petitioner challenged the impugned Letter/Reply dated 22.07.2017, by which the petitioner was declared as ‘Low in Merit’. 8. The petitioner thereafter, approached the Central Administrative Tribunal, Guwahati Bench by filing an original application against his non-selection. The said original application was registered and numbered as O.A. no. 46/303/2018. In the said original application, the petitioner challenged the impugned Letter/Reply dated 22.07.2017, by which the petitioner was declared as ‘Low in Merit’. Later on, the Original Application was dismissed on being withdrawn, with liberty to the petitioner to file before an appropriate forum, finding that the Central Administrative Tribunal had no jurisdiction to adjudicate on the matter involved. Pursuant to the liberty granted by the learned Central Administrative Tribunal, the petitioner has preferred the instant writ petition seeking to invoke the extra-ordinary and discretionary jurisdiction of this Court under Article 226 of the Constitution of India. 9. I have heard Mr. N.K. Murry, learned counsel for the petitioner and Mr. Yangerwati, learned Central Government Counsel for the respondent nos. 1 to 9. I have also gone through the written the argument submitted on behalf of the petitioner. 10. During the course of the proceedings, it was found that after completion of the Assam Rifles Recruitment Rally -2012 [Technical] held at Dimapur for the post Operator Radio Line [ORL] trade, 13 nos. of candidates were appointed against Scheduled Tribe [ST] category against the vacancies allotted to the State of Nagaland. Though initially, the petitioner did not implead those 13 nos. of selected/appointed candidates, later on, the petitioner impleaded those 13 nos. of selected/appointed candidates for the post -ORL trade against ST category as respondent no. 10 to respondent no. 22. The respondent no. 10 to respondent no. 22 were thereafter, served notices through the respondent no. 2 and the respondent no. 2 has filed a compliance affidavit to that effect. During the hearing, none from the respondent no. 10 to respondent no. 22 are present. 11. Mr. Murry, learned counsel for the petitioner has submitted that there is a Scheme for Recruitment of Constable in Central Police Forces. The procedure to be followed for recruitment has been laid down therein in detail. He has submitted that there are a number of tests held in the recruitment process and the petitioner had qualified in all the tests. Specifically referring to the process of medical examination in the scheme, Mr. The procedure to be followed for recruitment has been laid down therein in detail. He has submitted that there are a number of tests held in the recruitment process and the petitioner had qualified in all the tests. Specifically referring to the process of medical examination in the scheme, Mr. Murrya has submitted that the candidates are medically examined to assess that they are physically and medically fit as prescribed in the eligibility conditions. The medical examination is conducted after the written examination and the number of candidates to be examined is equal to the number of vacancies increased by average failure rate during medical examination determined on the basis of past experience. 11.1. According to Mr. Murry, the respondent authorities did not prepare the merit list in conformity with Clause-xiii of the Scheme for Recruitment in Central Police Forces. Mr. Murry has contended that had the procedure to be followed for final selection been followed in better spirit, the petitioner would have been selected and appointed to the post -ORL trade. 11.2. To buttress his submissions, Mr. Murry has relied upon the following decisions : Taylor vs. Taylor, 1876 1 CHD 426; Nazir Ahmed vs. King Emperor, AIR 1836 P.C. 253; State of U.P. vs. Singhara Singh and others, AIR 1964 SC 358 ; Hukan Chand Shayam Lal vs. U.I.O. and others, AIR 1976 SCC 789; J.N. Ganatra vs. Morvi Municipality, Morni [1966] 9 SCC 495; Ram Phal Kundu vs. Kamal Sharma, [2004] 2 SCC 759; Sant Ram Sharma vs. State of Rajasthan and others, AIR 1967 SC 1910 ; Ramana Dayaram Shetty vs. International Airport Authority of India and others, [1979] 3 SCC 489; J&K Public Service Commission etc. vs. Dr. vs. Dr. Narinder Mohan and others etc., [1994] 2 SCC 630; Karnati Ravi ANR vs. Commissioner Survey Settlements & Land Records and others, [2018] 12 SCC 635; Som Raj and others vs. State of Haryana, [1990] 2 SCC 653; P. Mohanan Pillai vs. State of Kerala, [2007] 9 SCC 497; Union of India vs. Parul Debnath and others, [2009] 14 SCC 173; D.K. Reddy and another vs. Union of India and others, [1996] 10 SCC 177; Union of India vs. Indo-Afgan Agencies, AIR 1968 SC 718 ; Cement Workers Association vs. Paper Udyog Ltd. and others, [2008] 4 SCC 701; Superintendent of Police, Central Range Office of the Directorate of Vigilance & Anti-Corruption, Chennai vs. R. Karthikeya and another, AIR 2012 Madras 84; Assam Public Service Commission vs. Assam Information Commission and others, [2018] 2 GLR 266; Gurudev Datta VKSS Maryadit and others vs. State of Maharashtra and others, [2001] 4 SCC 534; Union of India vs. Rajiv Kumar, [2003] 6 SCC 5169; Rajesh Awasthi vs. Nandlal Jaishwal and others, [2013] 1 SCC 501; Government of Karnataka and others vs. Gowramma and others, AIR 2008 SC 863 ; K. Manjusree vs. State of Andhra Pradesh and another, [2008] 3 SCC 512; Hemani Malhotra vs. High Court of Delhi, [2008] 7 SCC 11; Tej Prakash Pathak and others vs. Rajasthan High Court and others, decided on 07.11.2024 in Civil Appeal no. 2635/2013, 2636/2013; Union of India vs. Uzair Imran and others, [2023] 0 Supreme [SC] 1032; Marri Chandra Shekhar Rao vs. Dean, Seth G.S. Medical College and others, [1990] 3 SCC 130; Action Committee on issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and another vs. Union of India, [1994] 5 SCC 244; and State of Maharashtra vs. Milind and others, [2001] 1 SCC 4. 12. The respondent authorities have contested the case by filing an affidavit-in-opposition initially on 03.09.2020. Subsequently, on 06.04.2022 an additional affidavit has been filed by the respondent authorities to bring on record the results of the Assam Rifles Recruitment Rally -2012 [Technical] conducted at Dimapur, Nagaland. The pleadings also include two affidavits-in-reply from the petitioner to the affidavit-in-opposition filed by the respondent no. 9. 13. Subsequently, on 06.04.2022 an additional affidavit has been filed by the respondent authorities to bring on record the results of the Assam Rifles Recruitment Rally -2012 [Technical] conducted at Dimapur, Nagaland. The pleadings also include two affidavits-in-reply from the petitioner to the affidavit-in-opposition filed by the respondent no. 9. 13. The dispute lies in a narrow compass in that whether the performance of the petitioner in the Assam Rifles Recruitment Rally -2012 [Technical] conducted at Dimapur for the posts -ORL Trade against ST category vacancies allotted for the State of Nagaland could have been declared as ‘Low in Merit’, as mentioned in the impugned Office Letter dated 22.07.2016. 14. Before dilating on the issue, it appears appropriate to refer to the Scheme for Recruitment of Constables in Central Police Forces, which was stated to have followed in the Assam Rifles Recruitment Rally -2012 [Technical] held at Dimapur, Nagaland. The said fact is also evident from the letter of the Ministry of Home Affairs, Government of India, issued under U.O. no. I-45023/6/2008-Pers-II dated 25.06.2009. 14.1. In the Scheme for recruitment, the eligibility criteria for appointment have been laid down. The age limit, minimum educational qualification and physical standards have been mentioned in the said Scheme for recruitment. As per the said Scheme, vacancies in a Recruitment Year are to be calculated annually [Calendar Year basis] and the recruitment process is to be completed before the end of the year. Allotment of vacancies is done on the basis of population ratio. Reservation for SC/ST/OBC, Ex-Servicemen and other categories of personnel are to be in accordance with the instructions issued by the Government from time to time. 14.2. The following procedures laid down are found of relevance and accordingly, the same are quoted hereinbelow : v. At the very beginning of the recruitment process, candidates whose OMR applications are found to be in order will be asked to go through the height bar and thereby, candidates with lesser height will get eliminated. vi. Those who qualify the height test, will be subjected to five kilometers race [for male] and 1.6 kms race [for female] to be completed within 24 minutes and 08-30 minutes respectively. vii. Those who qualify in the race will be subjected to the modern biometric methods to obviate impersonation by the candidates. vi. Those who qualify the height test, will be subjected to five kilometers race [for male] and 1.6 kms race [for female] to be completed within 24 minutes and 08-30 minutes respectively. vii. Those who qualify in the race will be subjected to the modern biometric methods to obviate impersonation by the candidates. The biometric methods should be used at all stages of the recruitment [in the absence of computer based biometric equipments, thumb impression digital photograph, and any specific identifying mark in the body may be used]. viii. Testimonials of the candidates will be checked after the identification process and only eligible candidates will go the next step. ix. Physical Standard [PST] Candidates who are found eligible on screening of testimonials will be screened first for height, chest and weight measurements by a board before sending them for PET. x. Physical Efficiency Test [PET] The candidates who clear PST, will be required to undergo PET. The PETs consist of the following :Male Candidates a) 11 feet long jump [3 chances to be given]. b) 3-1/2 feet high jump [3 chances to be given]. Female Candidates a) 9 feet long jump [3 chances to be given]. b) 3 feet high jump [3 chances to be given]. No physical efficiency test will be held for Ex-servicemen. However, Ex-servicemen will be required to pass the requisite medical examination. NOTE :-Physical Efficiency Tests will now be only qualifying in nature and it will not carry any marks. 15. In the Assam Rifles Recruitment Rally -2012 [Technical] conducted at Dimapur, Nagaland for vacancies in the post -Operator Radio Line [ORL] Trade, a total of 25 vacancies [General = 12, ST = 13] were allotted to the State of Nagaland. After completing the Recruitment Rally which consisted of height test, biometric examination of testimonials, Physical Standard Test [PST], Physical Efficiency Test [PET], Written Examination and Medical Examination, the respondent Assam Rifles authorities prepared a select list of 25 nos. of candidates against the 25 nos. of vacancies for the post -ORL Trade and the said select list consisted names of 12 nos. of candidates from General category and 13 nos. of candidates from ST category. 15.1. The relevant excerpts of the select list relating to the 13 nos. of selected candidates from the ST category for the post – ORL Trade were as follows : Sr. no. Chest no. of candidates from General category and 13 nos. of candidates from ST category. 15.1. The relevant excerpts of the select list relating to the 13 nos. of selected candidates from the ST category for the post – ORL Trade were as follows : Sr. no. Chest no. State Name of candidate Father name DoB Caste Medical Written Test 13 107 NAGALAND Manuj Hazarika Robin Hazarika 20-Oct-90 ST FIT 57 14 3113 NAGALAND Yanbothung N Kikon J Nchumemo Kikon 6-Jan-93 ST FIT 56 15 8152 NAGALAND Hontok Konyak Taiwang Konyak 9-Jan-93 ST FIT 56 16 4642 NAGALAND Medose Zecho Keduho Zecho 12-Mar-94 ST FIT 55 17 5047 NAGALAND Lepdenchiba I Toshi Aier 28-Jul-89 ST FIT 53 18 4718 NAGALAND Dzuzuvoyi S Venuh Hutseizo S Venuh 22-Mar-94 ST FIT 53 19 3080 NAGALAND Mhabemo Lotha Thungyamo Lotha 14-Oct-92 ST FIT 52 20 11320 NAGALAND Martemjem Aier Taku Aier 13-Jan-91 ST FIT 51 21 1091 NAGALAND Dinesh Kumar Bijender Singh 15-Oct-92 ST FIT 51 22 1313 NAGALAND Sushil Kumar Sohan Singh 2-Dec-92 ST FIT 51 23 3218 NAGALAND C Chanbemo Chonpanthung 20-Dec-87 ST FIT 50 24 8427 NAGALAND A Khonyu Konyak Anyiangba Konyak 1-Jun-89 ST FIT 50 25 4735 NAGALAND Xuvey Chizo Veshetso Chizo 27-Feb-91 ST FIT 49 15.2. The respondent Assam Rifles authorities has also placed on record a list of 25 candidates who secured lesser marks than the last of the thirteen selected candidates. The name of the petitioner figured at serial no. 8 in the said list containing the names of the 25 candidates. The relevant excerpts of the said list up to serial no. 8 are extracted hereinbelow : Sr no. Chest no. Trade State Name of candidate Father name DoB Caste Cast Medical Written Test 1 4672 ORL NAGALAND Kuciyi Rhakho Khuveyu Rhakho 7-Apr-93 ST FIT 49 2 4650 ORL NAGALAND Wete Puse Neitshulo Puse 2-Mar-93 ST FIT 48 3 5862 ORL NAGALAND Y Akum Yimchunger Yankiumong Yimchunger 28-Apr-94 ST FIT 47 4 1146 ORL NAGALAND Surya Mech Manik Mech 7-Jan-93 ST FIT 47 5 6722 ORL NAGALAND Aveto Chuzho Vesota Chuzho 14-Apr-91 ST FIT 47 6 4584 ORL NAGALAND Rusie Kajiry Lt. Ethosie Kajiry 21-Jun-93 ST FIT 47 7 4443 ORL NAGALAND Thsointhe Mulachu 5-May-93 ST FIT 45 8 3196 ORL NAGALAND N Litsemo Nzinyimo 24-Oct-92 ST FIT 44 16. Ethosie Kajiry 21-Jun-93 ST FIT 47 7 4443 ORL NAGALAND Thsointhe Mulachu 5-May-93 ST FIT 45 8 3196 ORL NAGALAND N Litsemo Nzinyimo 24-Oct-92 ST FIT 44 16. It has not been denied by the respondent Assam Rifles authorities that the petitioner got qualified at all the stages in the Recruitment Rally including medical examination. 17. The written test consisted of 100 marks containing at least 100 questions. The purpose of the written test is to assess the general awareness/general knowledge/knowledge of elementary mathematics/ analytical aptitude and ability to observe and distinguish patterns and to test the basic knowledge of the candidates in English/Hindi. As per the Scheme of recruitment, the merit list in each category, namely, General, SC, ST, OBC and Ex-Servicemen are to be drawn separately in respect of each State on the basis of marks obtained in the written test. In case of tie in marks, the candidate with older age is to be treated at a higher position in the merit list. The final selection of the candidates is to be made in order of merit in each category and the cut-off percentage of marks for appointment for General and Ex-Servicemen category and SC/ST/OBC category were 35% and 33% respectively. 18. Merely because the petitioner had secured 44 marks in the written test, above 33%, the same was not enough for the petitioner to get included in the final select list of 13 candidates against ST category for the post -ORL Trade. The last of the selected candidates in the select list of those 13 candidates secured 49 marks. Even though the next candidate also secured 49 marks, he was not included amongst the selected candidates because the age of the last selected candidate was more than him. The petitioner was at 8th position below the last of the selected candidates. 19. Conspicuously, while laying challenge against his non-selection in this writ petition, the petitioner did not implead the 7 candidates above him, who secured more marks in the written test than him. The Scheme of recruitment has laid down that the vacancies in a Recruitment Year are to be calculated annually [Calendar Year basis] and the number of vacancies allotted for the post -ORL Trade for the State of Nagaland was 25 out of which 13 vacancies were earmarked for candidates belonging to ST category. The Scheme of recruitment has laid down that the vacancies in a Recruitment Year are to be calculated annually [Calendar Year basis] and the number of vacancies allotted for the post -ORL Trade for the State of Nagaland was 25 out of which 13 vacancies were earmarked for candidates belonging to ST category. A contention has been advanced by the learned counsel for the petitioner that the petitioner was medically examined after having qualified in the written test, the claim of the petitioner cannot be treated as extinguished. The said contention, after consideration, is found not merited. In so far as the contention advanced regarding the ratio to be maintained for medical examination, it is noticed that the number of candidates to be examined should be equal to the number of vacancies, increased by average failure rate during medical examination and the same is to be determined on the basis of past experience. Thus, the respondent authorities are in the best position to know about the average failure rate during the medical examination in the past. Merely because medical examination of those candidates who were qualified in the written test were done, the same does not create any indefeasible right on the candidate to claim appointment. 20. It is an undisputed position that the petitioner had secured lesser marks [44 marks] than the last of the selected candidates, who secured 49 marks against 13 nos. of vacancies under the ST category allotted to the State of Nagaland for the post – ORL Trade and it was because of the said reason, the petitioner was informed by the impugned Letter dated 22.07.2016 that he was found ‘Low in Merit’ against the vacancies allotted for the State of Nagaland. 21. Merely clearing all the stages in a recruitment process does not create any right to be appointed. It is not the case of the petitioner that the respondent authorities had appointed any candidates against the vacancies in the post ORL trade who had secured lesser marks than the petitioner to seek any claim for his appointment on the ground that he has been treated discriminatorily. 22. It is also found that the petitioner has approached the Court with much delay and laches. 22. It is also found that the petitioner has approached the Court with much delay and laches. In addition, the petitioner is found to have not impleaded any of the 7 [seven] candidates who secured higher marks than the petitioner in the Assam Rifles Recruitment Rally 2012 [Technical] held at Dimapur, Nagaland and were placed above the petitioner in the waiting list having better claims than the petitioner. 23. In view of such fact situation obtaining in the case, there appears to be no necessity to discuss the decisions referred to by the petitioner to avoid adding unnecessary weight to this Order. As the petitioner has failed to make out any case for his selection and appointment against the 13 nos. of vacancies in post -Operator Radio Trade [ORL] Trade allotted to the ST category for the State of Nagaland during the Assam Rifles Recruitment Rally -2012, this writ petition is found bereft of any merit and the same is liable to be dismissed. It is accordingly ordered. There shall, however, be no order as to cost.