Police Clearance Certificate for Army Recruitment Hinges on SIR Tribunal Decision
In a significant ruling, the Calcutta High Court, Circuit Bench at Jalpaiguri, has directed the SIR Appellate Tribunal for the District of Cooch Behar to expedite the disposal of appeals filed by Akash Sarkar and his father, Faruk Sarkar. The court's decision, dated June 17, 2026, mandates swift action to facilitate the issuance of a Police Clearance Certificate (PCC) necessary for Akash Sarkar's recruitment in the Indian Army.
The petitioner, Akash Sarkar, participated in a recruitment rally for the Indian Army and was successful, contingent on providing a valid PCC. However, the issuance of his PCC was stalled due to the deletion of his name from the voters list during the SIR process. This deletion, according to the court, does not affect his citizenship status, and hence, cannot be a basis for withholding the PCC.
Justice Bivas Pattanayak, presiding over the case, emphasized the urgency of resolving the SIR appeals, which were filed in response to the contested deletion from the voters list. The appeals, numbered APS2501G010426285166 and APS2501G020426203080, are pending before the SIR Appellate Tribunal. The court ordered that these appeals be addressed promptly to ensure the proper issuance of the PCC after due verification.
The decision also highlighted that the Election Commission of India and the State authorities were in agreement on the need for a swift resolution. The court referenced prior judgments, including a Supreme Court ruling in "Association for Democratic Reforms v. Election Commission of India," to support the stance that voter list deletions do not impact citizenship.
Advocates for the petitioner and respondents, including Mr. Biprojyoti Bhowmik and Mr. Jagriti Mishra, Assistant Additional Advocate General, presented their arguments, underscoring the procedural delays affecting the issuance of the PCC. The court's ruling now paves the way for expeditious handling of similar cases pending with the SIR Appellate Tribunal.
Bottom line:-
Writ petition seeking expeditious disposal of appeals pending before SIR Appellate Tribunal and direction for issuance of Police Clearance Certificate (PCC) for recruitment in the Indian Army.
Statutory provision(s): Writ Petition, SIR Appellate Tribunal, Police Clearance Certificate (PCC), Citizenship, Voters List Deletion.
