Central Administrative Tribunal - Gauhati
Rashidur Rahman vs D/O Post on 6 March, 2024
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00427/2019
Date of order: This the 06th day of March, 2024
HON'BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
1. Rashidur Rahman
S/O.- Abdul Mannan
Vill. & P.O.- Jhagrarpar
Dist.- Dhubri, Pin.- 783325.
2. Mohammmad Riyaj
S/O.- Md. Chand
Vill. & P.O.- Chalantapara
Dist.- Bongaigaon, Pin.- 783388.
3. Chandana Basumatary
D/O.- Late Mopendra Nath Basumatary
Vill.- Gambhirakata, P.O.- Kazigaon
Dist.- Kokrajhar, Pin.- 783339.
4. Aminul Islam
S/O.- Abu Hanif Miah
Vill.- Falimari Pt.-1, P.O.- Chapar
Dist.- Dhubri, Pin.- 783371.
5. Harun al Rashid
S/O.- Mofazzal Hussain
Vill.- Kazipara, P.O.- Chapar
Dist.- Dhubri, Pin.- 783371.
6. Nakibuz Zaman
S/O.- Golam Shah Zaman
Vill.- College Nagar, P.O.- Bidyapara
Dist.- Dhubri, Pin.- 783324.
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7. Bhumi Das
D/O.- Amulya Das
Vill. & P.O.- Dogama
Dist.- Goalpara, Pin.- 783125.
8. Bin Amin
S/O.- Rohim Ali
Vill.- Baregarh, P.O.- Ambari
Dist.- Bongaigaon, Pin.- 783384.
9. Teresa Hajowary
D/O.- Sabindra Hajowary
Vill.- Pandragaon, P.O.- Bashbari
Dist.- Kokrajhar, Pin.- 783337.
10. Maniraj Bargayary
S/O.- Dilip Kr. Bargaryary
Vill.- Amlaiguri, PP.O.- Serfanguri
Dist.- Kokrajhar, Pin.- 783346.
11. Rezaul Hoque Chawdhury
S/O.- Giash Uddin Chawdhury
Vill.- Majeralga, P.O.- Jaruarchar
Dist.- Dhubri, Pin.- 783339.
12. Dauharu Brahma
S/O.- Lachit Ch. Brahma
Vill.- Paikandra, P.O.- Kazigaon
Dist.- Kokrajhar, Pin.- 783339.
13. Shamima Yasmin
D/O.- Abdul Alim Mir
Vill.- Geramari, P.O.- Alamganj
Dist.- Dhubri, Pin.- 783339.
14. Trailakyo Koch
S/O.- Biren Koch
Vill.- Khoriapara, P.O.- Krishnai
Dist. Goalpara, Pin 783126.
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15. Monjur Elahi
S/o.- Nurul Islam Ahmed
Dist.- Goalpara, Pin.- 783126.
Vill.- Salindanga, P.O.- Dimakuri
Dist.- Dhubri, Pin.- 783334.
16. Samiul Hussain
S/O.- Nazir Hussain
Vill. & P.O.- Dalgoma
Dist.- Goalpara, Pin.- 783125.
17. Anup Kr. Narzary
S/O.- Najendra Narzary
Vill.- Bashbari, P.O.- Choraikhola
Dist.- Kokrajhar.
--Applicants
-VERSUS-
1. The Union of India,
Represented by the Secretary,
Ministry of Communication, Dak Bhawan,
Sansad Mark, New Delhi 110001.
2. The Director General of Postal Service
Dak Bhawan, Sansad Mark, New Delhi
110001.
3. The Chief Post Master General
Assam Circle, 4th Floor, Megdooth Bhawan,
Panbazar, Guwahati - 781 001.
4. The Superintendent of Post Office
Goalpara Division, District - Dhubri.
5. The Inspector of Post Office,
Goalpara Sub-Division.
OA/40/00427/2019
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6. Inspector of Post Office
Bongaigaon Sub Division
District- Bongaigaon
7. Asmina Khatun
Daughter of Abdul Wahed, epari Mankachar,
No. 1 Bazar, South Salmara, District - Dhubri (Assam),
PIN - 783 131.
8. Shahbaz Arif,
Son of Pashan Ali, Sheikh Village Kazipara Part I, Ward
NO. 6, P.O. & P.S. Chapar, District - Dhubri, Assam, PIN
- 783 371.
9. Mahibur Islam Pramanik,
Son of Maydan Ali Pramanik, Village and P.O.
Kharmuza, P.S. & District - Goalpara (Assam), PIN-783
101.
10. Anup Jyoti Das,
Son of Laru Kumar Das, Village & P.O. Lakhiganj, P.S.
Bilasipara, District Dhubri (Assam), Pin - 783 337.
11. Pulak Dey
Son of Nepal Dey, Village - Basugaon Ward NO. 2,
P.O. & P.S. Basugaon, District 7893372. Chirang,
Assam, PIN 7893372.
12. Asif Hussain
Son of Afzal Hussain, Village & P.O. Lakhiganj
Bilasipara, District- Dhubri (Assam), PIN-783337.
13. Babita Ray
Daughter of Monu Ram Ray, Village & P.O. & P.S.
Abhayapuri, District Bongaigaon (Assam), PIN -
783384.
14. Nazma Khatun,
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Daugher of Lalbar Ali, Village - Alipur, P.O.Kadong,
P.S Kalgachia, District Barpeta (Assam) Pin 781314.
15. Nazira Begum,
Daughter of Anowar Hussain, Village- Chagolchara
Part I, P.O. Howrarpar, P.S. & District- Dhubri, Assam,
PIN- 783324.
16. Amin Farhanaz
Daughter Harunur Rashid, Faringapara, Lakhipur,
District Goalpara (Assam), PIN 783 129.
17. Hari Chandra Basumatary,
Son of Supendra Basumatary Tirimari Fulguri,
basugaon, District Chirang (Assam), PIN-783372.
18. Runuradha Brahma,
Daughter of Sibendra Brahma, Village Aibhandar,
P.O. Kalamsing, P.S. Gossaigaon, District - Kokrajhar,
Assam, PIN-783336.
19. Mostafizur Rahman
Son of Hafiz Uddin Ahmed, Village - Amguri Part I, P.S.
Abhayapuri, P.O. Latibari, District Bongaigaon,
Assam, PIN -783384.
20. Nur Mohammad Alom,
Son of Abdus Saleque Town Bilasipara, Ward No. 4,
P.O. & P.S. Bilasipara, District - Dhubri, Assam, PIN-
783348.
21. Jatin Chandra Ray,
Son of Kaklash Chandra Ray, Kaldoba Part III,
Agomoni, District - Dhubri, Assam, PIN-783335.
22. Sushanta Biswas
Son of Mangal Biswas, Vilalge Kaldoba Part I,
Agomoni, District - Dhubri, Assam, PIN-783335.
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23. Chiranjit Mondal
Son of Jibesh Chandra Mandal, Village- Kaimari Part
III, P.O. Kaimari, P.S. Golakganj, District - Dhubri,
Assam, PIN - 783335.
24. Sadid Ahmed,
Son of Sahinur Islam, Village Bidyapara Gaon Part II,
P.O. AM Co Road, P.S. and District Dhubri, Assam, PIN
783323.
25. Abu Sayeed Hassan
Son of Akkas Ali Sarkar, Village - Char Charipara, P.O.
Sarkararb Gaon, P.S. South Salmara, District - Dhubri,
Assam, PIN - 783 127.
26. Golam Mizanur Ali Ahmed
Son of Gulzar Rahman Sarkar, Village - Sagolchara
Part III, P.O. Sagalchara, P.S. & District - Dhubri, Assam,
PIN 783324.
27. Khairun Nehar
Daughter of Khaibar Ali, Village Ghuimari, P.O. & P.S.
Chapar, District Dhubri, Assam, PIN - 783371.
28. Azahar Ali,
Son of Akabbar Ali, Village Mohia Chandmama,
Kalgachia, District Barpeta, Assam, PIN-781321.
29. Kamal Basumatary
Son of Rajoi Basumatary, Bikrampur, P.O. Bengtol, P.S.
Ranikhata, District - Chirang, Assam, PIN - 783394.
30. Ringsat Basumatary,
Son of Amar Sing Basumatary, Village - Amlayguri,
P.O. Amteka, P.S. Amguri, District - Chirang, Assam,
PIN-783393.
31. Sunil Kumar Daimary,
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Son of Gopen Ch. Daimary, Village - Dighili
(Majpara), P.O. Dighili, P.S. Dhupdhara, District
Goalpara, PI- 783123.
32. Raiz Uddin Sheikh
Son of Golzer Ali, Village Borai Kandi, P.O. Tumni, P.S.
South Salmara District - Dhubri, Assam, PIN - 783127.
33. Jahedul Islam,
Son of Balachan Miah, Village - Natervita
Part-II, P.O. Naervita, P.S. Abhayapuri, District
Bongaigaon, Assam, PIN - 783384.
34. Sabrina Sayyani
Son of Rejaul Hussain, Village Goalpara, Ward NO. 2,
P.S. & District Goalpara, Assam, PIN-783 101.
35. Monirul Islam,
Son of Nizam Ali, Village Khutamari, P.O. K/Bhotgaon,
P.S. & District Kokrajhar, Assam, PIN - 783370.
36. Dwimu Basumatary,
Daughter of Rabin Ch. Basumatary, Sauth Deolguri,
Ranchaidham, Basugaon, District Kokrajhar, Assam,
PIN 783372.
37. Masidul Ali
Son Nizam Ali, Village - Khutamari, P.O.
K/Bhotgaon, P.S. & District - Kokrajhar, Assam, PIN-
783370.
38. Rajib Narzary,
Son of SukuramNarzary, Madha Kalugao,
Simbargaon, District Kokrajhar (Assam), PIN-783370.
39.Moynal Ali
Son of Maydan Ali, Shrugram Part- V, Salkocha,
Chapar, District Dhubri (Assam), PIN-783348.
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40. Fakar Uddin Ahmed,
Son of Abdul Wahid Sheikh, Village & P.O. Shimultapu
P.S. Gossaigaon, District - Kokrajhar (Assam), PIN -
783361.
41. Baharul Islam,
Son of Nur Islam Sheikh, Village Bogulamari, P.O.
Bilaspur, P.S. & District - Bongaigaon, Assam, PIN -
783372.
---Respondents
Present:
For applicant(s): Sri. J. Kalita
For respondents: Sri. R. Hazarika, Addl CGSC
(For official Respondents)
ORDER (ORAL)
PER: URMITA DATTA (SEN), MEMBER (J):
It has been submitted by learned counsel for the applicants that since the issue involved in this case is identical one, therefore, applicants' prayer to join together in a single application may be allowed; and is, therefore, allowed.
2. This application has been preferred to seek the following relief:
OA/40/00427/2019 9 "8.1 To set aside and quash the impugned merit list dated 07.12.2017 published by the respondent authorities to the extent the private respondent no-7 to 42 are concern (ANNEXURE-A3) and appoint the applicants after following due procedure immediately.
8.2 To direct the official respondent to give all consequential service benefit to the applicants along with all those who have been appointed as per impugned merit list published on 7.12.2019.
8.3 To direct the respondent authorities to take initiative to process criminal proceeding against the persons who have been submitted fake/forged documents to get selected on the basis of the representation submitted by few of the applicants (ANNEXURE-A4).
8.4 Cost of the application.
8.5 Any other relief/ relief's to which the applicant is entitled to under the facts and circumstances of the case and as may be deemed fit and proper by this Hon'ble Tribunal upon consideration of the matter."
3. As per the applicants, in pursuant to the Notification dated 07.04.2017 (Annexure A1), they applied for the post of Gramin Dak Sevaks after fulfilling the eligibility criteria.
Learned counsel for the applicant has submitted that in Para M. 2 of the Selection Criteria, it has been stated that no weightage will be given for higher educational OA/40/00427/2019 10 qualification. Only merit obtained in 10th standard of approved boards aggregated to percentage to the accuracy of 4 decimals will be the criteria for finalizing the selection. Thereafter, the applicants applied for the said post and the respondent authorities published one selection list where the names of the applicant did not reflect. However, from the select list, they found some of the local candidates whom they know very well were declared successful though they scored lesser marks than the applicants in the 10th Standard and being neighbours/same locality to those candidates, they were sure that they got lower marks in the Class -X Examination.
Thereafter, they made an application under RTI to the National Institute of Open Schooling seeking for verification of their result from their database with regard to Jatin Chandra Ray, Sushanta Biswas, Chiranjit Mondal, Sadid Ahmed, Abu Sayeed Hassan, Golam Mizanur Ali Ahmed and the National Institute of Open Schooling vide OA/40/00427/2019 11 their letter dated 15.05.2018 and 09/09/2019 (Annexure A7) had communicated that the Roll No. and data does not exist in their database, which means the documents are not genuine. Being aggrieved with, applicants approached the Respondent no. 2, i.e the Director General of Posts, New Delhi, vide letter dated 29.12.2017 (Annexure -A4).
Since nothing was done on behalf of the Respondents, being aggrieved, the applicants initially approached the Hon'ble High Court vide I.A. (Civil) 290/2019, however, the Hon'ble High Court dismissed the WP for want of jurisdiction with liberty to the applicants to approach before appropriate forum. Thus they have approached this Tribunal.
3. Respondents have filed their written statement wherein they have stated that mere submitting online application does not entitled any candidate for selection. However, once a candidate is selected by the auto generated system, his final selection would be subject to OA/40/00427/2019 12 physical verification of documents by the competent authority.
Further, as the applicants had approached the Hon'ble High Court and the Hon'ble Court vide order dated 04.04.2018 had granted interim order, they have not acted upon the said select list till date and no engagement has been made. It is also stated that they had also lodged FIR in Dhubri Police Station regarding alleged submission of fake documents by some candidates being Dhubri P.S. Case No. 1791/19 U/S 468/471/420 IPC and during investigation the concerned I.O, Dhubri P.S. has seized all the original documents pertaining to the selection of GDS, 2017, as such, no final engagement has been made from the said select list.
4. Heard the parties and perused the records.
5. Though as per the respondents they did not engage anybody from the said list due to some allegations OA/40/00427/2019 13 and one FIR was lodged by the respondents, however, Sri. R. Hazarika, learned Addl. CGSC appearing on behalf of the official respondents is not in a position to apprise this Tribunal whether till date any final decision has been taken by the respondents or not, as per the communication dated 15.05.2018. From the perusal of the communication dated 15.05.2018 and 09.09.2018 (Annexure A-7), it is noted that the Deputy Director (Evaluation) of the National Institute of Open Schooling had already communicated the Superintendent of Post Office, Department of Posts, Goalpara Division Dhubri with regard to the names of 15 persons for whom information was sought for with regard to the genuinity of the Certificates. It was clear that neither the Roll No nor data are in existence in the database of the National Institute of Open Schooling. Further, vide communication dated 09.09.2018, the Deputy Director (Evaluation) of the National Institute of Open Schooling had communicated to Advocate of the applicants that the names of 6 candidates whose information was sought for OA/40/00427/2019 14 were verified but their documents were not found to be genuine and the Roll No. and data do not exist in the database of the National Institute of Open Schooling.
6. From the above scenario, when the authority of the National Institute of Open Schooling who is a competent authority to issue certificate had made it clear that no such Roll No or data is available in their database, it is clear that that certificates are not genuine one. However, respondents for the sake of some investigation had filed one FIR and kept pending for which no instructions till date about any advancement of the further genuinity of the certificates was found out.
7. It is further noted that though notice was sent to the private respondents, either they were not found or refused to accept the same. Further, till date nobody appears on behalf of the respondents No. 7-41.
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8. In our considered opinion, for some alleged fraud committed by some candidates which the respondents are also not denying as they have filed an FIR and they did not take any initiative to come to a conclusion, therefore, the other selected candidates should not suffer if they are otherwise eligible as per the terms and conditions of the Notification.
9. In that scenario we quash and set aside the impugned merit list dated 07.12.2017 (Annexure A3) and direct the respondents to consider the case of the applicants and appoint the eligible candidates out of that select list of 07.12.2017 if they are found eligible and fit after verification of their documents and testimonials. Such process should be completed within a period of 4 months from the date of receipt of copy of this order and communicate their decision by a reasoned and speaking order within the said period.
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10. Accordingly, the O.A stands disposed of with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
SS
OA/40/00427/2019