Gauhati High Court
Syed Ikram Hussain vs The State Of Assam And 3 Ors on 7 January, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
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GAHC010263222025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6797/2025
SYED IKRAM HUSSAIN
S/O SYED MANSUR ALI, R/O VILLAGE PUB-SAHAN, P.O. AND P.S. -
RANGIA, DISTRICT - KAMRUP, ASSAM, PIN - 781354,
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR, GUWAHATI - 06.
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI - 06.
3:THE COMMISSIONER AND SECRETARY
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 06
4:THE SELECTION BOARD
FOR RECRUITMENT TO THE POST OF PUBLIC PROSECUTOR
ADDL. PUBLIC PROSECUTOR AND ASSTT. PUBLIC PROSECUTOR
REPRESENTED BY ITS CHAIRMAN
ADDITIONAL CHIEF SECRETARY
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI -0
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For the Petitioner(s) : Mr. N.H. Barbhuiya, Advocate
For the Respondent(s) : Mr. D. Saikia, A.G.
Mr. D. Nath, Sr. Govt. Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 07.01.2026 Issue notice making it returnable on 16.02.2026.
2. Mr. D. Nath, the learned Senior Government Advocate appears on behalf of the respondent Nos. 1 to 4 and accepts notice.
3. Extra copies of the writ petition be served upon him during the course of the day.
4. The petitioner herein is aggrieved by the actions on the part of the Respondent Authorities in not selecting the petitioner to the post of Additional Public Prosecutor in the PwD category. The materials on record reveal that the petitioner is physically handicapped and a certificate in that regard was issued on 30.10.1999 by the Office of the Department of Orthopaedics, Gauhati Medical College, Guwahati.
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5. An advertisement was issued on 02.01.2024 for filling up of 26 (twenty six) posts of Public Prosecutor, 88 (eighty eight) posts of Additional Public Prosecutor and 185 (one hundred and eighty five) posts of Assistant Public Prosecutor. It is relevant to take note of that in respect to the 26 (twenty six) posts of Public Prosecutor, 1 (one) post was reserved for PwBD (persons with Benchmark Disabilities) and in respect to Additional Public Prosecutor, 4 (four) posts were reserved for PwBD. The advertisement further reveals that for persons with Benchmark Disability, they are to be considered eligible and must possess Benchmark Disability and must produce necessary certificate issued by the Competent Authority and may be subject to further assessment.
6. The petitioner applied for the post of Public Prosecutor as well as for the post of Additional Public Prosecutor. In the select list which was published, 1 (one) person namely Smt. Dhira Devi was selected in the category of PwD both to the posts of Public Prosecutor and Additional Public Prosecutor.
7. The learned counsel appearing on behalf of the petitioner submitted that the petitioner's case was not considered at all in spite of the fact that the petitioner is a person with disability which violates the mandate of the Rights of Persons with Disabilities Act, 2016 and it is under such circumstances, the Page No.# 4/5 present writ petition has been filed.
8. This Court has duly taken note of the select list pertaining to the post of Public Prosecutor as well as the select list pertaining to the post of Additional Public Prosecutor. In both the select list Smt. Dhira Devi has been selected in the PwD category. Obviously, the said Smt. Dhira Devi cannot be appointed both as a Public Prosecutor and as an Additional Public Prosecutor and as such in respect to both the posts i.e. the post of Public Prosecutor as well as the post of Additional Public Prosecutor to which the petitioner had duly applied, a vacancy would arise in the circumstance Smt. Dhira Devi elects to accept the post of Public Prosecutor or the post of Additional Public Prosecutor as the case may be. It is also noticed that in the category of Additional Public Prosecutor, 4 (four) posts are reserved for PwBD.
9. Under such circumstances, the respondents herein are directed to file an affidavit on or before 09.02.2026, as to why, the petitioner's case was not considered for the post of Public Prosecutor or Additional Public Prosecutor under the PwBD category.
10. This Court further observes and directs that 1 (one) post in the category of Additional Public Prosecutor should not be filled Page No.# 5/5 up out of the 88 (eighty eight) posts advertised till the next date.
11. List accordingly.
JUDGE Comparing Assistant