Gauhati High Court
Rekibuddin Ahmed And 18 Ors vs The State Of Assam And 3 Ors on 28 September, 2020
Equivalent citations: AIRONLINE 2020 GAU 346
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/7
GAHC010092302020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3012/2020
1:REKIBUDDIN AHMED AND 18 ORS.
S/O. ALAMUDIN AHMED, VILL. AND P.O. BIHDIA, P.S. BAIHATA CHARIALI,
KAMRUP (R), ASSAM, PIN-782413.
2: MOIDUL ALI
S/O AYUB ALI
R/O HPC COLONY QTR. NO. A93/3
P.O. KAGAJNAGAR
P.S. JAGIROAD
MORIGAON
PIN-782413
3: DEBAJIT HAZARIKA
S/O BHOGESWAR HAZARIKA
R/O MORDHOLI KACHARI GAON
P.O. BORUAJAN
P.S. TITABAR
JORHAT
PIN-785630
4: SEHNAJ SULTANA
D/O RATUL ALI
R/O RANGMAHAL CHANGSARI
KAMRUP (R)
ASSAM
5: HASNA BEGUM
D/O HASMAT ALI
R/O VILL. DUMUNICHUKI
P.O. DUMNICHUKI
P.S. MANGALDOI
Page No.# 2/7
DIST. DARRANG
ASSAM
PIN-787001
6: PRANAB JYOTI DEKA
S/O MUKTA RAM DEKA
R/O MADANPUR
P.O. DEUDUAR
KAMRUP (R)
ASSAM
7: SWAPNANIL DAS
S/O SANATAN DAS
VILL. AZARA
P.O. AND P.S. AZARA
DIST. KAMRUP
ASSAM
8: DHRITIRAJ DAS
S/O SANATAN DAS
VILL. AZARA
P.O. AND P.S. AZARA
DIST. KAMRUP
ASSAM
9: SAHJAHAN ALI
VILL. SARPARA
P.O. AND P.S. PALASHBARI
DIST. KAMRUP (R)
ASSAM
10: RAHUL CHOUDHURY
S/O BABUL CHOUDHURY
VILL. BIHDIA
P.O. AND P.S. BHAIHATA CHARIALI
DIST. KAMRUP (R)
ASSAM
11: MUZAKKIR RAHMAN
S/O HABIBUR RAHMAN
VILL. BARALAMARI
P.O. AND P.S. CHANGSARI
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DIST. KAMRUP
ASSAM
12: ISPAQUL CHOUDHURY
S/O JAHUR CHOUDHURY
VILL. CHANGSARI
P.O. AND P.S. CHANGSARI
DIST. KAMRUP
ASSAM
13: MONWARA BEGUM
D/O ALA UDDIN AHMED
VILL. BARALAMARI
P.O. AND P.S. CHANGSARI
DIST. KAMRUP (R)
ASSAM
14: MOTIUR RAHMAN
S/O HABIBUR RAHMAN
VILL. CHANGSARI
P.O. AND P.S. CHANGSARI
DIST. KAMRUP
ASSAM
15: DIPANKAR SAIKIA
S/O TONKESWAR SAIKIA
VILL. AWORIA GAON
P.O. AND P.S. JORHAT
DIST. JORHAT
ASSAM
16: MANTU KUMAR
S/O BIREN KUMAR
R/O DISPUR LATE GATE NEAR LAW COLLEGE
P.O. AND P.S. SACHIVALAYA
DIST. KAMRUP (M)
ASSAM
17: MAYUR KRISHNA BORA
D/O PUSPA BORA
R/O EWS-I
UNIT-I
Page No.# 4/7
HOUSING BUILDING COMPLEX
BAPUJI NAGAR
KHARGULI PAHAR
P.O. SILPUKHURI
DIST. KAMRUP (M)
ASSAM
18: JILKISH BEGUM
D/O ATUL HUSSAIN BORA
R/O RANGMAHAL CHANGSARI
DIST. KAMRUP (R)
ASSAM
19: SONIARA BEGUM
D/O SAMED ALI
R/O VILL. SARPARA
P.O. SARPARA
P.S. PALASHBARI
DIST. KAMRUP (M)
ASSAM PIN-78112
VERSUS
1:THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DISPUR,
GUWAHATI-06.
2:THE ADDL. SECY.
GOVT. OF ASSAM
FISHERY DEPTT.
DISPUR
GUWAHATI-06.
3:THE ADDITIONAL SECRETARY
GOVT. OF ASSAM
FISHERY DEPTT. DISPUR
GUWAHATI-6
4:THE DIRECTOR OF FISHERIES
ASSAM MEEN BHAVAN
BIRUBARI
GUWAHATI-16
Page No.# 5/7
5:THE JOINT DIRECTOR OF FISHERIES
ASSAM MEEN BHAVAN BIRUBARI
GUWAHATI-1
Advocate for the Petitioner : MR. S P CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
Date : 28-09-2020
JUDGMENT & ORDER (ORAL)
28.09.2020 Heard Mr. SP Choudhury, learned counsel for the petitioners and Mr. SS Roy, learned Junior Government Advocate for the Fishery Department of the Government of Assam.
2. The writ petitioners had participated in a selection process pursuant to the advertisement dated 27.12.2019 bearing No.Janasanyog/D/8340/19 published in the local daily The Assam Tribune. The said advertisement was for 40 numbers of seats for the Fishery Development Training Course for twelve months to be conducted for the session 2019-2020. Although the petitioners have participated in the selection process, but it appears that they had not succeeded in the selection process. In the resultant situation, the select list dated 19.01.2020 for the 40 numbers of seats for the Fishery Development Training Course is assailed in this writ petition.
3. In paragraph-6 of the writ petition, a statement has been made that Roll No.1248 who was one of the candidate selected for the 40 seats had not participated in the written test, but his name appeared in the select list. Another grievance of the writ petitioners is that the advertisement itself mentions that the selection process has no relation to an earlier advertisement dated 15.08.2017 published in the Assam Tribune and Niyomiya Barta for selection of 30 numbers of seats for the Fishery Development Training Course for twelve months for the year 2017-18.
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4. Mr. SP Choudhury, learned counsel for the petitioners states that in respect of the earlier advertisement of 15.08.2017 for the year 2017-18, which is said to be sub-judiced in WP(C) No.3985/2018, there is no interim order and therefore, the said 30 seats are also available for a selection. Accordingly raising the said grievance, the petitioners had also submitted a representation dated 15.05.2020, which is annexed as Annexure-5 to the writ petition.
5. Although Mr. SS Roy, learned Jr. Government Advocate states that the said representation was given a final consideration, but Mr. SP Choudhury, learned counsel for the petitioners points out that the final consideration was only in respect of Roll No.1248 and not in respect of 30 seats which are referred in the advertisement dated 27.12.2019. As regards the Roll No.1248, Mr. SS Roy, learned Junior Government Advocate upon instruction makes a specific statement that the candidate bearing the said Roll Number had in fact participated in the written test and he was also successful. Further, although the said assertion that the Roll NO.1248 had not participated in the written test is made in paragraph-6 of the writ petition, but the given paragraph is sworn to be on the basis of records and the petitioners could not produce any material on record, which may indicate that Roll No.1248 had not participated in the written test.
6. For the aforesaid reason, we are disinclined to accept the contention of the petitioners assailing the select list dated 19.01.2020 on the ground that the Roll No.1248 had not participated in the written test.
7. As regards the other ground taken regarding the availability of the 30 seats of the year 2017-18, as the said contention raised in the representation dated 15.05.2020 has not been given a final consideration by the respondent authorities, we propose to dispose of this writ petition requiring the respondent No.3 the Director of Fisheries, Assam to give a consideration to the representation dated 15.05.2020 as regards the 30 seats of the year 2017-18 and pass a reasoned order thereon. The requirement of given a consideration and passing a reasoned order be done within a period of one month from the date of receipt of a certified copy of this order. It is clarified that by requiring the Director to give a consideration is not to be construed to be a direction of the Court to the Director to accept the contention raised in the representation and the requirement of the Court is that the Director will apply his own mind, Page No.# 7/7 give reasons and pass a reasoned order.
The writ petition is disposed of in the above terms.
JUDGE Comparing Assistant