Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 2 Ors on 27 July, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010140942022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4782/2022
RANENDRA SINHA AND 6 ORS.
S/O- LAKHINDRA SINHA, R/O- WARD NO. 56, BELTOLA, BAKHRAPARA
ROAD, P.O. AND P.S. BASISTHA, DIST. KAMRUP(M), ASSAM, PIN- 781029.
2: BARNALI DUTTA
D/O- BALIN DUTTA
R/O- GOWALDO BATAMARI
P.O. MACHKHOWA
P.S. AND DIST. DHEMAJI
ASSAM
PIN- 787058.
3: MONJU CHUTIA
W/O- JAYANTA SAIKIA
VILL.- KULABALI
P.O. UTTAR KULABALI
DIST. LAKHIMPUR
PIN- 787032.
4: NILARATNA TAMULI BORUAH
C/O- TRITHESWAR TAMULI BORUAH
R/O- GUBARI SALI CHANGMAI GAON
BOGOLIJAN
DIST. LAKHIMPUR
ASSAM
PIN- 787031.
5: SANJIB CHOUDHURY
S/O- SUNIL RANJAN CHOUDHURY
VILL.- DANGORIBARI
P.O. AND DIST. HOJAI
ASSAM
PIN- 782435.
Page No.# 2/6
6: PARTHA PRATIM SARMAH
S/O- JATINDRA NATH SARMAH
R/O- NEW AMALAPATTY
P.O. ITACHALI
DIST. NAGAON
ASSAM
PIN-782003.
7: MUKIBAR RAHMAN
S/O- GAURI ALI
R/O- VILL.- PATRAPUR AMARTAL
P.O. KENDUA
DIST. KAMRUP
ASSAM
PIN- 781121
VERSUS
THE STATE OF ASSAM AND 2 ORS
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM,
DISPUR, GUWAHATI-781006.
2:THE STATE LEVEL RECRUITMENT COMMISSION
FOR CLASS-III POSTS
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22.
3:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION
FOR CLASS -III POST
ASSAM ADMINISTRATIVE STAFF COLLEGE
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22
Advocate for the Petitioner : MR. M U MAHMUD
Advocate for the Respondent : GA, ASSAM
Page No.# 3/6
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 27.07.2022 Heard Mr. M. U. Mahmud, learned counsel for the petitioners, who submits that the petitioners had submitted their candidature for recruitment to various Class-III posts under the Govt. of Assam, pursuant to the advertisements made in the year 2016, 2018, 2020 and 2021 etc. He however submits that the petitioners have not applied for the posts mentioned in the advertisement No. SLRC-G-III/Advertisement/2022/1/3 dated 25.03.2022 (Annexure-
1), published by the Secretary, State Level Recruitment Commission for Class-III posts, Assam Administrative Staff College, Jawahar Nagar Khanapara, Guwahati.
2) The petitioner's counsel submits that the Secretary, State Level Recruitment Commission for Class-III posts, Assam Administrative Staff College, Jawahar Nagar Khanapara, Guwahati, issued Notice/advertisement No. SLRC-G-III/6/Advertisement/2022/22 (Annexure-18), which was in continuation of the Advertisement No. SLRC-G- III/Advertisement/2022/1/3 dated 25.03.2022, provided that those candidates who applied/appeared in written test against advertisements issued by the Office of the Directorate of Secondary Education, Directorate of Elementary Education and Directorate of Higher (Technical) Education, Assam, but the process of recruitment was cancelled, would now be eligible to appear in the written examination under the Commission on completion of the required formalities.
3) The petitioner's counsel submits that the petitioners are eligible to appear for recruitment to Class-III posts in pursuant to the Notice/Advertisement No. SLRC-G- III/6/Advertisement/2022/22 (Annexure-18). He however submits that due to cancellation of the earlier advertisements by the State respondents, the petitioners have became overage and relaxation of the overage has to be done by the State respondents, in terms of the meeting minutes dated 12.02.2022 made in the meeting held under the Chairmanship of the Page No.# 4/6 Chief Minister of Assam, which is with regard to recruitment to Class-III and Class-IV posts. He also submits that as the petitioner Nos. 2 & 7 have already been issued admit cards, he is not pressing the case of the petitioner Nos. 2 & 7.
4) Mr. R. Dhar, learned counsel for all the respondents submits that there is nothing to show in the writ petition that the petitioners can appear for Grade-III posts, in terms of the Notice/Advertisement No. SLRC-G-III/6/Advertisement/2022/22 (Annexure-18) or advertisements issued by the Directorate of Secondary Education, Directorate of Elementary Education and Directorate of Higher (Technical) Education, Assam.
5) He also submits that Annexure-11 to Annexure-16 of the writ petition, which is the admit cards issued to the petitioners, clearly show that none of the admit cards were issued in respect of the Notice No. SLRC-G-III/6/Advertisement/2022/22 (Annexure-18) or advertisements issued by the Directorate of Secondary Education, Elementary Education and Higher (Technical) Education, Assam. He submits that the petitioners admit cards annexed to the writ petition are not connected with the Education Department. Instead, they are in relation to the APDCL, AEGCL, APGCL, Commissionerate of Panchayat & Rural Development, Department of Agriculture & Horticulture and Directorate of Economics and Statistics, Assam.
6) He accordingly, submits that the writ petition should be dismissed, as there is no merit in the writ petition.
7) On considering the prayer made by the petitioner's counsel, this Court is of the view that the Notice issued vide SLRC-G-III/6/Advertisement/2022/22 (Annexure-18) should be reproduced. The same is reproduced as follows:
"SLRC-G-III/6/Advertisement/2022/22 NOTICE In continuation to the earlier advertisement No. SLRC-G- III/Advertisement/2022/1/3 dated 25 th March, 2022 and in pursuance to the communications received from Elementary Education Department, Secondary Education Department and Higher Education (Technical) Department, it is notified for Page No.# 5/6 those candidates who applied/appeared in written test against advertisement issued by office of the Directorate of Secondary Education, Directorate of Elementary Education and Directorate of Higher (Technical) Education, Assam, but the process of recruitment was cancelled shall now be eligible to appear in the written examination under the Commission with completion of required formalities. All such candidates are requested to visit the website of SEBA (www.sebaonline.org) for detail from 15.07.2022 to 25.07.2022.
Sd/- Secretary, State Level Recruitment Commission.
for Class-III posts, AASC, Khanapara, Guwahati-781022."
8) The above being stated, this Court finds that the petitioners have not filed any representation to the authorities or submitted their applications/candidature for participating in the selection process in pursuance to the above Notice/Advertisement issued vide SLRC-G- III/6/Advertisement/2022/22 (Annexure-18) nor have they made a representation to relax their over-age prior to filing this writ petition.
9) Accordingly, in view of the petitioners not having availed the alternative remedy available, prior to approaching this Court, this Court is not inclined to entertain the writ petition. However, the petitioners are given the liberty to approach the authorities with their grievance, with regard to their prayer to participate in the selection process pursuant to the Notice/Advertisement (Annexure-18) alongwith the relaxation of their overage. If the respondents come to a decision that the petitioners are eligible to participate in the selection process, pursuant to the Notice/Advertisement vide SLRC-G-III/6/Advertisement/2022/22 (Annexure-18), the petitioners should be allowed to submit their applications. The decision to be taken by the respondents would also naturally depend upon whether the resolution passed in the meeting minutes 12.02.2022 under the chairmanship of the Chief Ministry, Assam is applicable to the case of the petitioners.
10) The petitioners, except for petitioners No. 2 & 7, should submit their applications for relaxation of their overage to the respondent no. 3 alongwith a certified copy of this order alongwith a copy of the writ petition by 01.08.2022. Thereafter, respondent no. 3 shall take a decision on the same by 12.08.2022. It is needless to add that if the petitioners are found Page No.# 6/6 eligible to participate in terms of the Notice/Advertisement No. SLRC-G- III/6/Advertisement/2022/22 (Annexure-18), the petitioners should be allowed to submit their applications/candidature and Admit Cards should be issued to them.
11) The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant