Gauhati High Court
Aminul Islam Riaz And 17 Ors vs The State Of Assam And 8 Ors on 25 May, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010094352022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3432/2022
1: AMINUL ISLAM RIAZ AND 17 ORS
S/O- SAYED ALI
VILL- SALAPARA PART-II, P.O- NILOKHIA,
P.S- SUKCHAR, DIST- SOUTH SALMARA ,MANKACHAR, ASSAM
2: ABUL KALAM AZAD
S/O- BADSHA SK
VILL- AMBARI P.O- B.K SHER SHOW P.S- FAKIRGANJ
DIST- SOUTH SALMARA MANKACHAR ASSAM
3: ABDUL FARUQUE AHMED
S/O- ABUL KASHEM
VILL- BARKALIA CHUTLARPAR P.O- RAVATARY
P.S- FAKIRGANJ DIST- SOUTH SALMARA MANKACHAR ASSAM
4: ABDUL MALEK
S/O- SOBUR UDDIN SK
VILL- BHETENGAMARI P.O- PODMER ALGA
P.S- FAKIRGANJ DIST- SOUTH SALMARA MANKACHAR ASSAM
5: SHAHE ALOM MONDAL
S/O- DELBAR HUSSAIN MONDAL
VILL- AMBARI P.O- B.K SHER SHOW P.S- FAKIRGANJ
DIST- SOUTH SALMARA MANKACHAR ASSAM
6: SIRAJUL MAHMUD
S/O- NURUL ISLAM SK
VILL- KALAIR ALGA P.O- KOKRADANGA P.S- SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR ASSAM
7: NAZMA KHATUN
D/O- AMIR HAMZA
VILL- BALUGHAT P.O- RAVATARY P.S-SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR ASSAM
Page No.# 2/6
8: ANAMUL HAQUE
S/O- GYAN UDDIN SHEIKH
VILL- SUKHATI KHATA P.O- RUPSHI
P.S-GAURIPUR DIST- DHUBRI ASSAM
9: NUR ZAMAL SK
S/O- SAHAB UDDIN SK
VILL- DARCHOWKA PART-I P.O- SHILARPAR
P.S-GAURIPUR DIST- DHUBRI ASSAM
10: NAZIR AHMED
S/O- ASAD ALI
VILL- GOWALTOLI P.O- BISWANATH GHAT
P.S-BISWANATH CHARALI DIST- BISWANATH ASSAM
11: LOTFUR RAHMAN
S/O- MOINAL HOQUE
VILL- 5 NO. KUMALIAA P.O-PANIBHARAL
P.S-BISWANATH CHARALI DIST- BISWANATH ASSAM
12: SAIFUDDIN AHMED
S/O- ASMAT ALI
VILL- GOWALTALI P.O-BISWANATH GHAT
P.S-BISWANATH CHARALI DIST- BISWANATH ASSAM
13: G.M FARHADUL AHMED
S/O- ABDUL BATEN SK
VILL-GOTABARI P.O- HAZIRHAT P.S- SUKCHAR
DIST- SOUTH SALMARA MANKACHAR ASSAM
14: RIPTIKAR JAHAN
S/O- NUR ALOM SK
VILL-BHUTIADANGA P.O AND P.S- SUKCHAR
DIST- SOUTH SALMARA MANKACHAR ASSAM
15: ADDUL MOTALEB
S/O- ANOWAR HUSSAIN
VILL-SURJOMONI P.O- RAVATARY P.S- SOUTH SALMARA
DIST- SOUTH SALMARA MANKACHAR ASSAM
16: GIYAS UDDIN SK
S/O- ABDUL KARIM SK
VILL-GERAMARI PART-II BULADMAR
P.O- GERAMARI P.S- GAURIPUR DIST- DHUBRI ASSAM
17: TARACHAD ALI
S/O- SHAHER ALI
VILL-BHAGRIRKANDA P.O- B.K SHER SHOW P.S- FAKIRGANJ
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DIST- SOUTH SALMARA MANKACHAR ASSAM
18: ANOWARA KHATUN
D/O- SAMSUL HOQUE MONDAL
VILL-GODABARII P.O- HAZIRHAT P.S- SUKCHAR
DIST- SOUTH SALMARA MANKACHAR ASSAM
VERSUS
1: THE STATE OF ASSAM AND 8 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF
ASSAM, DEPTT OF HOME, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HQ ULUBARI GUWAHATI- 781007
3:THE ADDL. DIRECTOR GENERAL OF POLICE (TAP)
ASSAM POLICE HQ ULUBARI GUWAHATI- 781007
4:THE INSPECTOR GENERAL OF POLICE (ADMN.)
ASSAM POLICE HQ ULUBARI GUWAHATI- 781007
5:THE STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM TO BE REP. BY ITS CHAIRMAN REHABARI GUWAHATI-08
6:THE DISTRICT LEVEL POLICE RECRUITMENT BOARD
BISWANATH TO BE REP. BY ITS CHAIRMAN CUM- SUPERINTENDENT OF
POLICE BISWANATH ASSAM
7:THE DISTRICT LEVEL RECRUITMENT BOARD
SOUTH SALMARA MANKACHAR TO BE REP. BY ITS CHAIRMAN CUM-
SUPERINTENDENT OF POLICESOUTH SALMARA MANKACHAR ASSAM
8:THE DISTRICT LEVEL POLICE RECRUITMENT BOARD
DHUBRI TO BE REP. BY ITS CHAIRMAN CUM SUPERINTENDENT OF
POLICE DHUBRI ASSAM
9:THE DISTRICT LEVEL POLICE RECRUITMENT BOARD
LAKHIMPUR TO BE REP. BY ITS CHAIRMAN CUM SUPERINTENDENT OF
POLICE LAKHIMPUR ASSAM
Advocate for the Petitioner : MR A R BHUYAN
Advocate for the Respondent : GA, ASSAM
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-BEFORE-
HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 25-05-2022 Heard Mr. A.R. Bhuyan, learned counsel for the petitioners, who submits that pursuant to an advertisement dated 25.04.2018 and subsequent addendum dated 19.12.2019, the petitioners applied for the posts of Un-Armed Branch and Armed Branch Constable in the Assam Police. Pursuant to their applications, the petitioners were called for the physical examination test. The petitioners were also issued Admit Cards and appeared in the written test.
However, the State respondents disqualified the petitioners on the ground that they had submitted fake Computer Efficiency Certificates. The petitioners' counsel further submits that on the basis of the submission of fake certificates, CID Case No.5/2022 had been registered under Sections 120(B)/420/ 468/471 IPC and the Investigating Officer is now issuing notices under Section 41(A) of the Cr.PC to the candidates, who are disqualified on the ground of submission of fake certificates. He further submits that the documents submitted by the petitioners are all genuine, which were verified two times by the State respondents, wherein nothing irregular was found by the State respondents. He submits that the stand now taken by the State respondents that the documents submitted by the petitioners are false certificates amounts to condemning the petitioners unheard. He accordingly prays that the result published on 12.05.2022, disqualifying the petitioners from being considered for the vacant posts of Constable should be set aside.
Page No.# 5/6 Mr. J.K. Goswami, learned counsel for the State respondents, on the other hand, submits that in a similar case, a Coordinate Bench of this Court had dismissed the writ petition filed by a candidate, who had been disqualified due to submission of fake certificate. The said case is WP(C) No.3174/2022 (Pankaj Das -Vs- State of Assam & 4 Ors.), which was disposed of vide order dated 19.05.2022. The counsel for the State respondents submits that as this is a covered case in terms of the order dated 19.05.2022 passed in WP(C) No.3174/2022, this case should also be disposed of in line of the order dated 19.05.2022 passed in WP(C) No.3174/2022.
In the order dated 19.05.2022 passed in WP(C) No.3174/2022, the Coordinate Bench was seized of a matter wherein the petitioner therein had been disqualified from being considered for appointment to the vacant posts of Constable in "Un-armed Branch/Armed Branch" in the Assam Police in pursuance to the advertisement dated 25.04.2008, due to submission of fake Computer Efficiency Certificate. The order dated 19.05.2022 also states that candidature of 414 candidates, who had participated in the selection process pursuant to the advertisement dated 25.04.2018 had been disqualified due to submission of fake Computer Efficiency Certificates and FIR was lodged at CID Headquarter, which was registered as CID P.S. Case No.5/2022. The Coordinate Bench held that as investigation was pending in the matter with regard to the fake documents submitted by 414 candidates, the Court was inclined to hold that no purpose would be served to keep the matter pending. The operative part of the order dated 19.05.2022 passed in WP(C) No.3174/2022 is reflected in Paragraphs 8 and 9, which is to the following effect:-
Page No.# 6/6 "8. Moreover, the learned counsel for the petitioner has not been able to show any case law on the point that once a document is prima facie verified and a candidate is allowed to participate, in future the State is bound by the principles of estoppel and prevented to subsequently investigate and to disqualify the candidature on finding out that the document submitted were prima facie fake. Such action of the State is found to be in consonance with Clause 11 of the employment advertisement dated 25.04.2018.
9. It is too well settled that fraud vitiates all solemn acts and that fraud and justice can never dwell together. Therefore, if the candidature of the petitioner was disqualified on the ground of submitting fake documents and the fact was made known to the petitioner by virtue of the result published on the website on 12.05.2022, there would be no impediment for the investigation to be carried out by the concerned State authorities in the matter arising out of the FIR lodged on 14.05.2022. Therefore, no case is made out by the learned counsel for the petitioner for interference with the action taken by the respondents. Thus, no interference is called for in respect of result declared on 12.05.2022 in respect of the petitioner, holding him to be 'disqualified because of submission of fake certificate'."
In view of the fact that the petitioners herein are in the same boat as the petitioner in the WP(C) No.3174/2022, this Court is of the view that the present case should also be disposed of in line with Paragraph 9 of the order dated 19.05.2022 passed in WP(C) No.3174/2022.
The writ petition is accordingly dismissed.
JUDGE Comparing Assistant