Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 2 Ors on 8 March, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/7
GAHC010189152020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5745/2020
TIKENDRAJIT SAIKIA AND 9 ORS.
S/O. SRI SONARAM SAIKIA, VILL. BORCHARIA, P.O. AZAD, DIST.
LAKHIMPUR, ASSAM, PIN-787031.
2: BIBEK JYOTI KOCH
S/O. JOGESWAR KOCH
VILL. HAHCHARA
ANGER KHOWA
P.O. ANGERKHOWA
DIST. LAKHIMPUR
ASSAM
PIN-787031.
3: DIPANKAR CHANGMAI
S/O. DAMBARUDHAR CHANGMAI
VILL. MAJAGURI
P.O. AZAD
DIST. LAKHIMPUR
ASSAM
PIN-787031.
4: JYOTIRMOY CHAKRAVARTY
S/O. SRI ACHYUT CHAKRAVARTY
VILL. MADAN MOHAN SAKHOWA
P.O. BARAZARA
DIST. NALBARI
ASSAM
PIN-781335.
5: NILOTPAL BHATTACHARYYA
S/O. LAKSHAN BHATTACHARYYA
VILL. AND P.O. CHATAMA
DIST. NALBARI
Page No.# 2/7
ASSAM
PIN-781350.
6: JITUMANI BAYAN
S/O. KHANINDRA KR. BAYAN
VILL. MAIRAMARA (AMTOL)
P.O. HOWLY
DIST. BARPETA
ASSAM
PIN-781316.
7: SMT. JULI SAIKIA
D/O. DEBESWAR SAIKIA
VILL. BORDOP
GOHPUR
DIST. BISWANATH
ASSAM
PIN-784178.
8: BABUL GOGOI
S/O. LT. RAJEN GOGOI
VILL. BORBARI BEBEJIA
P.O. BAMUNI
DIST. NAGAON
ASSAM
PIN-782102.
9: HEMANTA PEGU
S/O. SHRI LALIT PEGU
VILL. KARPUNPULI
P.O. GOGAMUKH
DIST. DHEMAJI
ASSAM
PIN-787034.
10: DIP DAS
S/O. LT. SONE CHANDRA DAS
A.T. ROAD
TOKOBARI- SATRA WARD NO.29
HOUSE NO.492
P.S. BHARALUMUKH
GUWAHATI-781009
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SECONDARY
Page No.# 3/7
EDUCATION DEPTT., DISPUR, GUWAHATI-781006.
2:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAM
GUWAHATI-781021.
3:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAM
GUWAHATI-781021
Advocate for the Petitioner : MR. B CHETRI
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WP(C)/3069/2020
GIRIRAJ BURAGOHAIN
S/O- SRI TARA NATH BURAGOHAIN
R/O- VILL- SARAGPHOLA GOHAIN GAON
P.O- HENCHUAPUKHURI
P.S- KHOWANG
DIST- DIBRUGARH
ASSAM
PIN-
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION (SECONDARY DEPTT)
DISPUR
GUWAHATI- 06
2:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GUWAHATI- 21
ASSAM
Page No.# 4/7
3:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GUWAHATI- 21
ASSAM
------------
Advocate for : MR. R MAZUMDAR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS
Linked Case : WP(C)/3056/2020
HEMANTA PEGU
S/O- SRI LALIT PEGU
R/O- VILL- KARPUNPULI
P.O AND P.S- GOGAMUKH
DIST- DHEMAJI
ASSAM
PIN-
VERSUS
THE STATE OF ASSAM AND 2 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
EDUCATION (SECONDARY DEPTT)
DISPUR
GUWAHATI- 06
2:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GUWAHATI- 21
ASSAM
3:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GUWAHATI- 21
ASSAM
------------
Advocate for : MR. R MAZUMDAR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS
Page No.# 5/7
Linked Case : WP(C)/3058/2020
PRASANTA BONIA
S/O- SHRI PRAFULLA BONIA
R/O- VILL- DERKURIA GAON
P.O. PANICHAKUA
P.S. PULIBOR
DIST.- JORHAT
ASSAM
PIN-
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
EDUCATION SECONDARY DEPTT.
DISPUR
GHY-6
2:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GHY-21
ASSAM
3:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAN
GHY-21
ASSAM
------------
Advocate for : MR. R MAJUMDAR
Advocate for : SC
SEC. EDU. appearing for THE STATE OF ASSAM AND 2 ORS.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 08-03-2021 Page No.# 6/7 Heard Mr. B. Chetri, learned counsel for the petitioners in WP(C) 5745/2020, Mr. R. Mazumder, learned counsel for the petitioner in WP(C) 3056/2020, WP(C) 3058/2020 and WP(C) 3069/2020. Also heard Mr. T.C. Chutia, learned counsel for the Assam Higher Secondary Education Council assisted by D.K. Roy, learned counsel for the respondents.
2. It is stated that the issue raised in this petition would be squarely covered by the order dated 04.02.2021 passed by this Court passed in WP(C) 4859/2020. The order dated 04.02.2021 is extracted below:-
"Heard Ms. D. D. Roy, learned counsel for the petitioner and Mr. T.C. Chutia, learned Standing counsel, Assam Higher Secondary Education Council assisted by Mr. D. K. Roy, learned counsel for all the respondent Nos. 1 to 3.
The respondent in the Assam Higher Secondary Education Council (AHSEC, in short) issued an advertisement under No. AHSEC/EST/Jr. Asstt./569/2018/2146-2147 dated 10.05.2018 for 31 Nos. of posts of Junior Assistant in its office that was published on 11.05.2018 specifying that filled up application for the said post shall be received through online mode in the website of the said Council from 15.05.2018 to midnight of 30.05.2018. Those 31 Nos. of posts advertised for the post of Junior Assistant included reservation for ST(P)/ST(H)/SC/OBC/MOBC categories and differently abled persons as per the Government rules.
Pursuant to the said advertisement dated 10.05.2018, the petitioner applied for the said post and he was issued with admit card for the written examination. Petitioner appeared in the written examination for the said post on 16.09.2018 and its result was declared on 15.02.2019.
Petitioner being qualified in the written examination for the said post of Junior Assistant, he was called for the computer proficiency test on 18.02.2019 and the petitioner appeared in the same.
It is submitted by Ms. Roy, learned counsel for the petitioner that the result of said computer proficiency test was declared on 19.11.2020 and the petitioner passed the said test. However, the respondent AHSEC has not yet completed the selection process for the post of Junior Assistant as advertised on 10.05.2018 which was published on 11.05.2018. Hence, this writ petition.
Though notice in this case was issued on 23.11.2020, the respondent is yet to file its affidavit in the matter. It is stated by the parties to the proceeding that the viva-voce of the candidates who passed the written examination and the computer proficiency test pursuant to the said advertisement dated 10.05.2018 for 31 Nos. of posts of Junior Assistant has not yet taken place.
After hearing the learned counsels for the parties and considering the entire aspect of the matter, the respondent AHSEC is allowed to complete the process of selection to the post of Junior Assistant as advertised on 10.05.2018 which was published on 11.05.2018 at the earliest on or before 30.04.2021 and to declare the result accordingly, thereby completing the said recruitment process in accordance with law, if there is no other impediment in doing the same. With the above observation and direction, this writ petition stands disposed of."
3. As agreed by the learned counsel for the parties, these petitions stand disposed of in the same terms and condition as the order dated 04.02.2021 in WP(C) 4859/2020 by directing the respondent Assam Higher Secondary Education Council to complete the process of selection to the post of Junior Assistant as per the advertisement dated 10.05.2018 and published on 11.05.2018 at the earliest on or Page No.# 7/7 before 30.04.2021.
4. In view of the final order passed, the relevance of the interim order gets merged with the final order.
JUDGE Comparing Assistant