Gauhati High Court
Ranjit Sarkar vs The State Of Assam And 6 Ors on 20 December, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010270802024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6777/2024
RANJIT SARKAR
S/O. MRINAL KANTI SARKAR, R/O. WARD NO. 15, TOWN SONKUCHI
COLONY, BARPETA, ASSAM, PIN-781314.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REP. BY THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT.
OF ASSAM, DISPUR, GUWAHATI, KAMRUP(M), ASSAM, PIN-781006.
2:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI.
3:THE REGISTRAR (ADMIN.) CUM IN CHARGE OF CENTRALISED
RECRUITMENT
GAUHATI HIGH COURT
4:THE DISTRICT AND SESSION JUDGE
BARPETA
5:THE CHIEF JUDICIAL MAGISTRATE
BARPETA
6:HEAD ADMINISTRATIVE OFFICER
OFFICE OF THE CHIEF JUDICIAL MIGISTRATE
BARPETA
7:RIJAUL HAQUE
S/O. SARIFUL HAQUE
PROCESS SERVER
OFFICE OF THE CHIEF JUDICIAL MAGISTRATE
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BARPETA
Advocate for the Petitioner : MR. R MAZUMDAR, MR. R DEKA,MS T WAPANGLA,MR P RAI
Advocate for the Respondent : GA, ASSAM, MR H K DAS, SC GHC
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : - 20.12.2024 Heard Mr. R. Mazumdar, learned counsel for the petitioner; Mr. C.K.S. Baruah, learned Junior Government Advocate, Assam for the respondent no. 1; Ms. S. Sarma, learned Standing Counsel, Gauhati High Court for the respondent nos. 2 - 6.
2. The petitioner is presently serving as a Peon in the establishment of the respondent no. 5. The petitioner has the qualification of Class-VIII pass but he does not have the qualification of HSLC Examination pass.
3. The petitioner has projected that by a Notification dated 13.02.2020, issued by the respondent no. 3, it has been notified that all the appointing authorities of the Subordinate Courts' Establishments shall uniformly consider the promotion of all eligible Grade-IV employees, other than Process Servers, to the post of Process Server, in the light of the draft Assam District Court Employees Service Rules, 2018 ['the Draft Service Rules, 2018', for short] until the rules are notified by the Government. As per the draft Service Rules, 2018, for promotion to the post of Process Server, one must complete five years of continuous service in Group D-IV of the service. As per the said draft Service Rules, 2018, one must have the qualification of Class-VII Pass for the post of Peon.
4. When a selection process was undertaken by publication of an Advertisement dated 04.07.2024, for filing up a vacancy in the post of Process Server in the establishment of the respondent no. 5, the Advertisement prescribed HSLC Examination pass as one of the conditions of eligibility, apart from 5 [five] years of continuous service in Grade-IV [D-II], that Page No.# 3/4 is, Peon and Chowkidar. The petitioner has stated that despite his efforts to appear in the said process of selection, his candidature was rejected because of his not having the qualification of HSLC Examination pass. The petitioner has further stated that though a representation was submitted in that connection, the respondent authorities did not pay any heed to it.
5. It has been submitted that a fresh cause of action has also arisen with the publication of an Advertisement dated 09.12.2024 by the office of the respondent no. 5 whereby a vacancy in the post of Process Server [Jarikarak] is going to be filled up. The petitioner has contended that on this occasion also, one of the conditions of eligibility has been mentioned as HSLC Examination pass whereas the draft Service Rules, 2018 which have been made applicable by the Notification dated 13.02.2020, have not prescribed such qualification.
6. The petitioner has claimed that he is the second senior-most Peon serving in the establishment of the respondent no. 5. In the event the petitioner is not allowed to appear in the selection process undertaken for filling up the vacancy of Process Server by the Advertisement dated 09.12.2024, which is not in accordance with the Notification dated 13.02.2020 and the Draft Service Rules, 2018, the petitioner is likely to suffer irreparable loss and prejudice.
7. Mr. Mazumdar, learned counsel for the petitioner has further submitted that by an order dated 18.09.2024, a vacancy in the post of Process Server in the establishment of the Chief Judicial Magistrate, Bajali, Pathsala has been filled by promotion by an incumbent holding the post of peon in the said establishment not having the HSLC pass qualification.
8. The matter would require further consideration.
9. Issue notice, returnable on 12.02.2025.
10. As Mr. Baruah, learned Junior Government Advocate has appeared and accepted notice on behalf of respondent no.1 and Ms. Sarma, learned Standing Counsel, Gauhati High Court has appeared and accepted notices on behalf of the respondent nos. 2 - 6, no formal notices need to be issued to the said respondents. Mr. Mazumdar, learned counsel for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Page No.# 4/4 Baruah and Ms. Sarmah within 2 [two] working days from today.
11. The petitioner shall take steps for service of notice upon the respondent no. 7 by a registered post with A/D within 3 [three] working days from today.
12. It is noticed that as per an Advertisement dated 09.12.2024, the last date for submission of application is 23.12.2024. Having regard to the projections made on behalf of the petitioner, as an interim measure, it is provided in the event the petitioner submits an application on or before the last date of submission of application in response to the Advertisement dated 09.12.2024, the respondent authorities shall accept the said application notwithstanding the fact that the petitioner does not have the HSLC Examination pass qualification, and shall allow the petitioner to participate in the selection process. It is further observed that in the event the respondent authorities decide to proceed with the selection process then the results of the selection process shall not be declared without the leave of the Court.
13. The petitioner has also assailed the selection and appointment of the respondent no. 7 pursuant to the selection process undertaken by the Advertisement dated 04.07.2024. It is observed that the selection and appointment of the respondent no. 7 pursuant to the Advertisement dated 04.07.2024 is made subject to the outcome of the writ petition.
JUDGE Comparing Assistant