Gauhati High Court
Leena Doley And 6 Ors vs Syeda Mishali Naza And 21 Ors on 20 October, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/8
GAHC010151842020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1806/2020
1:LEENA DOLEY AND 6 ORS.
D/O- SURJYA KANTA DOLEY,
R/O- L. K. PATH, BISHNUJYOTI NAGAR, JORHAT
DISTRICT - JORHAT, ASSAM, PIN - 785001
2: SMTI. NEELANJANA DAS
D/O- LATE SATYENDRA NATH DAS
R/O- KAHILIPARA
GUWAHATI- 781019
DISTRICT - KAMRUP (METRO)
ASSAM
3: SMTI. SANDHYA BANTI DUTTA
D/O- DR. D. DUTTA R/O- WARD NO. 1
AMGURI TOWN
STATION ROAD
DISTRICT- SIBSAGAR
ASSAM
PIN- 785680
4: SRI MANAS PRATIM MIRI
S/O- HEM CHANDRA MIRI
R/O- KALAPAHAR
GUWAHATI- 781018
DISTRICT - KAMRUP (METRO)
ASSAM.
5: SRI JYOTISH NATH
S/O- TANKESWAR NATH
R/O- BAMUNJHAR
DARRANG
DISTRICT- DARRANG
ASSAM, PIN - 784148
Page No.# 2/8
6: SRI ASRAFUL HUSSAIN
S/O- ANOWAR HUSSAIN
R/O- ZOO NARENGI ROAD
SAHAB TILA
GUWAHATI- 781021
DISTRICT - KAMRUP (METRO)
ASSAM
7: SRI ABHIJIT RONGPI
S/O BHARATI RONGPI
R/O- LALMATI
BARSAJAI
GUWAHATI- 78029
DISTRICT - KAMRUP (METRO)
ASSAM
VERSUS
1:SYEDA MISHALI NAZA AND 21 ORS.
D/O- SYED ATIKUR RAHMAN
R/O- AHMED APARTMENT, MILAN NAGAR- II,
NEAR E.COM TOWER, VIP, P.O.- GUWAHATI AIRPORT, DISTRICT- KAMRUP
(METRO), ASSAM,
PIN- 781015.
2:ABHIJIT RAJKUMAR
S/O- CHANDRA MOHAN RAJKUMAR
R/O- HOUSE NO. 22(A)
SHIV BARILANE (LANE NO. 7)
P.O.- VIVEKANANDA ROAD
SILCHAR
DISTRICT- CACHAR
ASSAM
PIN- 788007.
3:GIRBANI DEKA
W/O- RANJAN ENGTI
R/O- HOUSE NO. 54/37
SEUJI PATH
NEAR NABAGRAHA TEMPLE
KHARGHULI
GUWAHATI- 781003
DISTRICT KAMRUP (METRO)
ASSAM
4:ANGSHUMAN HAZARIKA
S/O- KULA DHAR HAZARIKA
R/O- HOUSE NO. 11
Page No.# 3/8
CHANDMARI
RAGHUNATH CHOUDHURY NAGAR
NEAR HOLY CHILD SCHOOL
P.O.- SILPUKHURI
GUWAHATI- 781003
DISTRICT- KAMRUP (METRO)
ASSAM
5:ASHIM SAIKIA
S/O- PRANAB KR. SAIKIA
R/O- HOUSE NO. 23
NANDANPUR PATH
OPP.
BHABENDRALOY P.O.- BELTOLA
DISTRICT- KAMRUP (METRO)
ASSAM.
6:NIVEDITA SAIKIA
D/O- BANESWAR SAIKIA
R/O- KUSHAL NAGAR
SOUTH HAIBARGAON
P.O.- HAIBARGAON
DISTRICT- NAGAON
ASSAM
PIN - 782002
7:JYOTISHA SAIKIA
D/O- LATE GOJEN SAIKIA
R/O- HOUSE NO. 44
CHANDMARI COLONY
P.O.- SILPUKHURI
P.S.- CHANDMARI
DISTRICT- KAMRUP (METRO)
ASSAM
PIN - 781003
8:NAVIN KUMAR RAY
S/O- RAM UDGAR RAY
R/O- VILLAGE- AGBANDHA SAIDING
P.S.- MARGHERITA
P.O.- AGBANDHA SAIDING
DISTRICT- TINSUKIA
ASSAM, PIN - 786187
9:PANKAJ CHETRY
S/O- DHAN BAHADUR CHETRY
R/O- NS AREA PLOT X-55
P.O.- DIGBOI
Page No.# 4/8
DISTRICT- TINSUKIA
ASSAM
PIN - 786171.
10:MOKLESUR RAHMAN
S/O- LUFTOR RAHMAN
R/O- COLLEGE ROAD
NATHPARA BYLANE
P.O.- KHALILPUR
DISTRICT- DHUBRI
ASSAM
PIN - 783325.
11:PULAK DEKA
S/O- LATE PRAFULLA DEKA
R/O- VILLAGE- PATRAPUR
P.O. KENDUA
P.S.- BAIHATA CHARIALI
DISTRICT KAMRUP
ASSAM
PIN - 781121.
12:SHALINI KHAN
D/O- SRI ROBIN KHAN
R/O- HOUSE NO. 120A
HONURAM BORO PATH
WALFORD KACHARIBASTI
GUWAHATI- 781005
DISTRICT- KAMRUP (METRO)
ASSAM
13:THE STATE OF ASSAM
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM
DISPUR
GUWAHATI-781006.
14:THE ASSAM PUBLIC SERVICE COMMISSIONER
REPRESENTED BY ITS CHAIRMAN JAWAHAR NAGAR
GUWAHATI - 781022.
15:THE SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-781022.
Page No.# 5/8
16:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-781022.
17:THE CONTROLLER OF EXAMINATIONS
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-781022.
18:THE REGISTRAR
ASSAM AGRICULTURE UNIVERSITY
BARBHETA
JORHAT
ASSAM-785013.
19:THE REGISTRAR
ASSAM SCIENCE AND TECHNOLOGY UNIVERSITY
TETELIA ROAD
NEAR ASSAM ENGINEERING COLLEGE
JALUKBARI
GUWAHATI-781013
ASSAM
20:THE REGISTRAR
SRIMANTA SANKARDEVA UNIVERSITY OF HEALTH SCIENCES
2ND FLOOR
GAUHATI MEDICAL COLLEGE BUILDING
GAUHATI MEDICAL COLLEGE
HILL TOP ROAD
NARAKASHUR HILLTOP
BHANGAGARH
GUWAHATI-781032
ASSAM
21:THE REGISTRAR
COTTON UNIVERSITY
COLLEGE HOSTEL ROAD DUTTA BARUAH BHAWAN
PANBAZAR
GUWAHATI- 781001
DISTRICT- KAMRUP (METRO)
ASSAM.
22:THE REGISTRAR
GAUHATI UNIVERSITY
NH37
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GOPINATH BORDOLOI NAGAR
JALUKBARI
GUWAHATI 781001
DISTRICT- KAMRUP (METRO)
ASSAM
Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 20-10-2020 (N. Kotiswar Singh, CJ (Acting) Heard Mr. B.D. Konwar, learned Senior counsel for the applicants. Also heard Mr. T.J. Mahanta, learned Senior counsel and Standing Counsel, APSC.
2. The present applicants have filed this application for grant of leave to appeal against an order passed by the learned Single Judge on 09.10.2020 in WP(C) No.3228/2019.
3. The case of the applicants, in brief, is that the applicants were candidates for Combined Competitive (Preliminary) Examination, 2018 for recruitment to Civil Services in the State of Assam conducted by the Assam Public Service Commission (APSC). Though they cleared the Prelims and appeared in the Combined Competitive (Main) Examination, they were not declared to be qualified for appearing in the viva-voce.
4. According to the applicants, perhaps there would not have any cause to knock the door of the Court but for the order passed by the learned Single Judge in WP(C) No.3228/2019 whereby some candidates who were not otherwise eligible were allowed to appear in the main examination and they have been also allowed to take part in the interview subject to the condition that the same shall not create any right to such candidates as well as to those whom the APSC has declared to be qualified for their selection in the Combined Competitive (Main) Examination, 2018. The learned Single Judge also directed that the APSC shall not declare the final results of the Combined Competitive (Main) (written + interview) Examination, 2018 without leave of the Court.
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5. It is the claim of the applicants that many of those who have been allowed to take part in the main examination as well as viva-voce are otherwise inferior in merit to the present applicants and if those less meritorious persons who had been allowed by virtue of the interim order passed by this Court had not been allowed to appear, perhaps, the applicants could have been declared qualified for appearing in the interview.
6. It has been submitted at the Bar that the interview for the aforesaid examination is going to commence on 28.10.2020 and accordingly, the applicants have prayed that they may be allowed to provisionally appear in the interview and their results may not be declared without leave of the Court.
7. We do not wish to comment at this stage on the merit of the case as to whether the present applicants are more deserving than any of the candidates who have been allowed to appear in the written examination and also in the interview without proper pleadings and hearing all the parties.
8. We have noted that the order passed by the learned Single Judge in WP(C) No.3228/2019 is interim in nature and the matter is yet to be finally adjudicated.
9. Under the circumstances, we are of the view that it will be more appropriate if the applicants implead themselves as parties in the said WP(C) No.3228/2019 and raise all the pleas which have been taken in the present proceeding and the proposed writ appeal so that in the event the learned Single Judge finds merit in their case, perhaps, the applicants may also be granted an opportunity for appearing in the interview, which, however, will be considered by the learned Single Judge after hearing all the parties including the APSC after being impleaded as respondents in the said writ petition.
10. It is submitted by Mr. T.J. Mahanta, learned Standing Counsel, APSC that the interview is to commence from 28.10.2020 and it is likely to continue up-to 27.11.2020 and, as such, the present applicants can certainly move the appropriate forum for redressal of their grievances.
11. In view of above, we also feel that it will be more appropriate for the applicants to approach the learned Single Judge and make necessary application for impleadment and raise all the grievances, which have been raised in the present application before the learned Single Judge and we expect the learned Single Judge to pass appropriate order as may be deemed fit and proper as per law after hearing all the parties concerned.
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12. Mr. Konwar, learned Senior counsel for the applicants, submits that the applicants may be granted liberty to file a separate writ petition before the learned Single Judge seeking all the reliefs as prayed in the writ appeal proposed to be filed for which the present application has been filed seeking leave to appeal.
13. Since we have not passed any order on merit, obviously, the applicants would have all the liberty to file a fresh writ petition seeking the reliefs sought in the present proceeding or by getting themselves impleaded in the pending writ petition WP(C) No.3228 of 2019 as they may feel appropriate.
14. It goes without saying that the applicants would have all the liberty to apply for passing appropriate interim order(s) in this regard before the learned Single Judge.
15. With the above observations, the IA stands disposed of.
JUDGE CHIEF JUSTICE (ACTING) Comparing Assistant