Gauhati High Court
Nilotpal Bhattacharyya vs The State Of Assam And 2 Ors on 4 February, 2021
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/3
GAHC010163572020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4859/2020
NILOTPAL BHATTACHARYYA
S/O- SRI LAKSHAN BHATTACHARYYA, VILL- CHATAMA, P.O. CHATAMA,
P.S. GHOGRAPAR, DIST.- NALBARI (ASSAM), PIN- 781350, PH. NO.
9707169798
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, KAMRUP (M) DISTRICT, ASSAM
2:THE CHAIRMAN
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAM
GHY-21
KAMRUP (M) DISTRICT
ASSAM
3:THE SECRETARY
ASSAM HIGHER SECONDARY EDUCATION COUNCIL
BAMUNIMAIDAM
GHY-21
KAMRUP (M) DISTRICT
ASSA
Advocate for the Petitioner : MS D D ROY
Advocate for the Respondent : SC, SEC. EDU.
Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 04-02-2021 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 Page No.# 3/3 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.
JUDGE Comparing Assistant