Gauhati High Court
Page No.# 1/17 vs Nayanmani Deka And 58 Ors on 25 February, 2026
Page No.# 1/17
GAHC010105322024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3434/2024
THE UNION OF INDIA AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY
OF COMMUNICATIONS, DEPARTMENT OF POSTS, DAK BHAWAN, SANSAD
MARG, NEW DELHI-110001.
2: THE DIRECTOR GENERAL
DEPARTMENT OF POSTS
GOVT. OF INDIA
SANSAD MARG
NEW DELHI-110001
3: THE CHIEF POSTMASTER GENERAL
ASSAM CIRCLE
MEGHDOOT BHAWAN
PANBAZAR
GUWAHATI
PIN-781001
ASSAM.
4: THE DIRECTOR OF POSTAL SERVICES (HQ)
OFFICE OF THE CHIEF POSTMASTER GENERAL
ASSAM CIRCLE
MEGHDOOT BHAWAN
PANBAZAR
GUWAHATI-78100
VERSUS
NAYANMANI DEKA AND 58 ORS
SON OF LATE NAREN DEKA,
Page No.# 2/17
WORKING AS GDS,
VILLAGE AND P.O- BARNARDDI,
DIST- NALBARI, ASSAM. PIN- 781303.
2:AKSHAY BAISHYA
SON OF SURJYA BAISHYA
VILL AND P.O. PANIGAON
DIST- NALBARI
ASSAM. PIN- 781303
3:DHRUBA JYOTI GOSWAMI
SON OF LT. KRISHNA KANTA GOSWAMI
VILL AND P.O - BARANGHATI
PS -KAYAN
DIST -KAMRUP
ASSAM. PIN-781350.
4:DHANESWAR BARMAN
SON OF NEULA BARMAN
VILL -AKHARA
P.O. - SURADI
DIST -NALBARI
ASSAM
PIN-781340.
5:JAN NATH DUTTA
SON OF LT. GOLOK CH. DUTTA
VILL AND P.0. - BALILECHA
DIST -NALBARI
PIN - 781334
6:SUMI SARMA
WIFE OF SRI HARENSARMA
VILL- KAIRARA
P.O.-SONDHA
DIST-NALBARI
PIN-781337
7:ALAKESH HALOI
SON OF LT NIPENDRANATHHALOI
VILL AND P.O. -MUGKUCHI
DIST- NALBARI
ASSAM. PIN- 781334.
8:MRINAL DEVNATH
SON OF PRAFULLA DEVNATH
VILL AND P.O.-SIMLAGURI
DIST- BARPETA
Page No.# 3/17
ASSAM. PIN-78131
9:PANKAJ BAYAN
SON OF JAGAT BAYAN
VILL AND P.O.-BHOGERPAM
DIST-BARPETA
ASSAM. PIN-781 309
10:PABAN RABHA
C/O GATHIARABHA
VILL AND P.O.-KALJAR
BARAMA
DIST- NALBARI
ASSAM. PIN-781 346
11:BIPUL DAS
SON OF LT. PHATIK DAS
VILL AND P.O.-BARNIBARI
DIST- NALBARI
ASSAM. PIN-781 304
12:RATUL BRAHMA
SON OF LT. NARENDRA BRAHMA
VILL - JHARGAON
DIST- BAKSA
P.O.-POCHIM JHARGAON
ASSAM. PIN-781367
13:RAKESH MANDAL
SON OF LT. SAHADEB MANDAL
VILL - MATABARI
P.O.-MAKRIKUCHI
DIST- BARPETA
ASSAM. PIN- 781 305
14:MAHESWAR MORAL
SON OF KANAK CH. MORAL
VILL- BAHARI
P.O. BAHARIHAT
DIST- BARPETA
ASSAM. PIN-781 302
15:TANKESWAR DEKA
SON OF PURNA RAM DEKA VILL AND P.O.-JAPORIGOG
DIST- KAMRUP (M)
ASSAM. PIN-781 005
Page No.# 4/17
16:KRISHNA KANTA THAKURIA
C/O BIBAN CH. KAIBARTA
VILL AND P.O. MAHARIPARA
DIST- BAKSA
ASSAM. PIN- 781364
17:SANKAR KALITA
SON OF LT. DAYA RAM KALITA
VILL AND P.O. PANITEMA
DIST- KAMRUP
ASSAM. PIN-781 101
18:CHANDAN MEDHI
SON OF LT. ANNA RAM MEDHI
VILL- DHEKIPUTA. P.0.-PUBKACHUKATA
DIST- BAKSA
ASSAM. PIN-781368.
19:BAHRUL ISLAM
SON OF TUMIZ ALI
VILL AND P.O. - TITKURI. DIST- RANGIA
PIN-781354
20:GOBINDA PATHAK
SON OF THENESWAR PATHAK
VILL- BIDHIA. P.O.-SAIGAON
DIST- KAMRUP (R). PIN-781 124.
21:AMITAV THAKURIA
SON OF LT. JAGADISH THAKURIA
VILL- PIJUPARA. P.O. NAGARBERA
DIST- KAMRUP
ASSAM. PIN-781127
22:SANU KARMAKAR
SON OF LT. SHYAMAL KARMAKAR
VILL- SOUTH TOKRERCHANA PT-4
P.O.-GOLAKGANJ
DIST- DHUBRI
PIN-783 334
23:BODIOZZAMAN MONDOL
SON OF LT. NUR HUSSAIN
Page No.# 5/17
VILL AND P.O.-AOLATOLI
DIST- GOALPARA. PIN- 783129
24:JAYANTI BALA KOCH
DAUGHTER OF PROBASAN KOCH
VILL AND P.O.-HASDOBA. DIST-GOALPARA
ASSAM
PIN-783129
25:MD. ABU TALEB AHMED
SON OF LT. BORKOT ALI AHMED
VILL- NAYERALGA
P.O.-NAYERALGA
DIST -DHUBRI
ASSAM. PIN-783348
26:ANANDA CH. BARMAN
SON OF LT. HEDLA BARMAN
VILL- PUTHIMARI
P.O.-KARTIMARI
DIST- KOKRAJHAR
ASSAM. PIN-783 337
27:MADHURIYA BORUAH
SON OF NONI BORUAH
VILL- TEOK RAJABARI
P.0.-RAJBARI
DIST -JORHAT. PIN- 785112
28:MONUJ DUTTA
SON OF REBOT DUTTA
VILL AND P.O- DIST-SIVASAGAR PIN NO. 785680
29:SAMUJJAL BHARALI
SON OF LILARAM BHARALI
VILL- NATUN BALIGAON. P.O. KAKILAMUKH
DIST-JORHAT. PIN-785108
30:DEBAJT BORA
SON OF SRI SUREN BORA
VILL AND P.O.- JOGDUAR SONARI
DIST- JORHAT
PIN- 785112
31:AMULYA DUTTA
SON OF PURNESWAR DUTTA
Page No.# 6/17
VILL- CHOKIALTING (NOGORA)
P.O. NOGORA. DIST- GOLAGHAT. PIN-785603.
32:CHANDAN RABHA
SON OF SUKLA RABHA
VILL- PALASH BASTI P.0.- MAZBAT
DIST- DARANG. PIN-784507
33:BASUN BARUAH
SON OF BAGA RAM BARUAH
VILL AND P.O.-DUNI
DIST- DARRANG
ASSAM. PIN-784 148.
34:GIRINDO BURAGOHIN
SON OF SRI JUGEN BURAGOHAIN
VILL- AMGURI AHOM. P.O.-BATUAMUKH
DIST- DHEMAJI
ASSAM. PIN- 787 110.
35:MD. MIZANUR RAHMAN
SON OF MD. ABDUR RAHIM
VILL- DHARMAPUR BLOCK
POST- KUTUBPUR. DIST- LAKHIMPUR
ASSAM. PIN-787 054
36:RUSTOM DOLEY
SON OF KANDAR DOLEY
VILL- LEKU JELOM. POST- LEKU VIA JONAI
DIST- DHEMAJI
ASSAM. PIN-787060
37:KISHORE KUMAR SHAH
SON OF LATE B. SHAH
VILL- KABACHABARI JONAI
POST- KABASAPURI. DIST- DHEMAJI
ASSAM. PIN-787 060.
38:SMTI SABINA PARBIN
DAUGHTER OF LT. ALIMUDDIN AHMED
VILL AND P.O. BINDUKURI
DIST- SONITPUR
ASSAM. PIN-784502.
Page No.# 7/17
39:DILIP PHAYEL
SON OF LT. INDRA LAL SARMAH
VILL ANDPOST- PANPUR VIA JAMUGURI HAT.
DIST- SONITPUR
ASSAM. PIN-784 180
40:SABITA DAS GUPTA
DAUGHTER OF RANJIT DUTTA
VILL- SILONIGAON
POST- SILONIGAON. DIST- SONITPUR
41:MD. ANOWAR FARUQUI
SON OF LT. ABU TALEB
VILL- NIZSHYAMABARI
PO- BALABARIVIA- DHULA
DIST- DARRANG. PIN -784 146
42:RATUL HAZARIKA
SON OF SRI LILA KANTA HAZARIKA
VILL- CHENGELIMARA AND P.0- PANPOR
DIST- SONITPUR
PIN- 784180
43:BASUN BARUA
SON OF BOGARAM BORUA
VILL- DUNI
POST- DUNI
DIST-DARRANG. PIN-784144
44:MD. MOJIBEQ RAHMAN
SON OF LT. MONSUR ALI
VILL- TINSUKIA
POST- TINSUKIA
DIST-TINSUKIA
PIN-782 124
45:MRIDUL KUMAR DAS
SON OF THANURAM DAS
VILL- BALIGAON
POST-BALIGAON
DIST-NAGAON
ASSAM. PIN-782 144.
46:CHAKRAPANI MEDHI
SON OF LT. SATYA PRASAD MEDDHI
VILL- BENGENAALI
Page No.# 8/17
POST- CHOTAHAIBOR. DIST- NAGAON
ASSAM
PIN- 782 003
47:MINTU MONI BORDOLOI
SON OF TAPAN CHANDRA BORDOLOI
VILL - UKAHAPAR
POST- GATANGA
DIST-NAGAON
ASSAM. PIN-782 125
48:MD. NIJMUL HUSSAIN KHAN
SON OF NURUL ISLAM KHAN
VILL AND P.0- PUTHIKHAITY
DIST- NAGAON
ASSAM. PIN- 782 145
49:MD. NASIRUL HOQUE
SON OF LT. MOHIR UDDIN
VILL- DHING BORICHAPORI
POST- LETERIPUR
DIST- NAGAON
ASSAM
PIN-782 124.
50:UTPAL SAIKIA
SON OF RUP RAM SAIKIA
VILL AND P.O.- JUMARMUR VIA KATHITALI
DIST- NAGAON
ASSAM. PIN-782427
51:MD. KABIRUL ZAMAN
SON OF KUTUBUDDIN AHMED
VILL AND P.0- BORMONIPUR
DIST-NAGAON
PIN- 782105
52:UTTAM PAUL
SON OF CHITTA RANJAN PAUL
VILL- WORD NO. 3
PARBOTIPUR
POST- SONARI
DIST-CHARAIDEO. PIN-785 690
53:PARIKHIT SAIKIA
SON OF TILESWAR SAIKIYA
Page No.# 9/17
VILL- SAPEKHATISARUPATHAR
POST- CHARAIDEO. DIST-CHARAIDEO
PIN-785 690
54:NITUL GOGOI
SON OF KULEDHAR GOGOI
VILL-BORPATHER GAON
POST-MONMOHAN GAON
DIST-CHARAIDEO. PIN-785689
55:RANA PRATAP GOGOI
SON OF PRATAP GOGOI
VILL- 2 NO. SUNDER. P.O-BORHAT
DIST. SIVASAGAR
ASSAM
PIN- 785693.
56:DIBAKAR GOGOI
SON OF LATE DURGA GOGOI
VILL- UPPER NAZIRA CHANBASA GAON.
P.O- UPPER NAZIRA
DIST- SIVASAGAR.
PIN-785685
57:MANAJIT DAS
SON OF LATE ANIL DAS
VILL- JALJALI. P.0- DARKUCHI
DIST- KAMRUP (R). PIN-781376.
58:PRADIP SAIKIA
SON OF DEBO SAIKIA
VILL- KALUJAN.
P.O AND P.S.- JAMUGURI
DIST.SONITPUR
ASSAM
PIN- 784180.
59:DHRUBAJYOTI GOGOI
SON OF LATE HEMANTA GOGOI
VILL- SELENGA AMTOLIA. P.O- SELENGA
LAWJAN
JORHAT
PIN- 78563
Page No.# 10/17
Advocate for the Petitioner : MR. B CHAKRAVARTY,
Advocate for the Respondent : MR S CHOUDHURY( R-9,14,16,18,19,23,32, 34,44,22,49,46,20,45,
52,59,28,55,12,50,51, 41,46,47), MS R MEDHI( R-9,14,16,18,19,23,32, 34,44,22,49,46,20,45,
52,59,28,55,12,50,51, 41,46,47)
Linked Case : WP(C)/2475/2024
THE UNION OF INDIA AND ANR
REPRESENTED BY THE SECRETARY TO THE GOVT OF INDIA
MINISTRY OF COMMUNICATIONS
DEPARTMENT OF POST
DAK BHAWAN
SANSAD MARG
NEW DELHI- 110001.
2: THE CHIEF POSTMASTER GENERAL
ASSAM CIRCLE
MEGHDOOT BHAWAN
PANBAZAR
GUWAHATI
PIN- 781001.
VERSUS
SANTANU SARMA AND 5 ORS.
S/O- LATE AMIYA SARMA
WORKING AS GDS
VILL- PANIGAON
P.O.- MULARKUCHI
DIST- NALBARI
ASSAM
PIN- 781303.
2:PURABI BARMAN
D/O- SRI MUKUNDA BARMAN
Page No.# 11/17
WORKING AS GDS
VILL- GOBARADAL
DIST.- NALBARI
ASSAM
PIN- 781370.
3:DIPU DEY
S/O- SRI DILIP DEY
WORKING AS GDS
VILL- MASLY
DIST- KARIMGANJ
ASSAM
PIN- 788701.
4:RUMI ROY
D/O- SRI RAMESH ROY
WORKING AS GDS
VILL- KAUDIGHIRPAR
DIST.- KARIMGANJ
ASSAM
PIN- 788722.
5:NAND KISHOR SAH
S/O- SRI CHANDRA DEO SAH
WORKING AS GDS
RESIDENT OF SRIRAMPUR
DIST- KOKRAJHAR
ASSAM
PIN- 783361.
6:BINITA DAS
WORKING AS GDS
Page No.# 12/17
RESIDENT OF LAXMI CHARAN ROAD
DIST- KARIMGANJ
ASSAM- 788710.
------------
For the appellant/petitioner(s) : Mr. B. Chakravarty, CGC For the Respondent(s) : Mr. Manik Chanda, Advocate Mr. S. Choudhury, Advocate
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY 25.02.2026 (Ashutosh Kumar, CJ) We have heard Mr. B. Chakravarty, learned Central Government Counsel, for the appellants/Union of India and others, and Mr. Manik Chanda, learned Advocate for the respondents.
Of these two writ petitions, WP(C) No. 3434/2024 has been filed challenging the order dated 25.01.2024, passed in Original Application (O.A.) No. 5/2021; and WP(C) No. 2475/2024 has been filed challenging the order dated 13.12.2023, passed by the Central Administrative Tribunal (CAT), Guwahati Bench (hereinafter referred to as "the Tribunal").
The Assam Postal Circle had issued a notification dated 05.08.2019 inviting applications for holding a Limited Departmental Competitive Examination (LDCE) for recruitment to the cadre of Postman/Mail Guard against the vacancies for the years 2015-2016 to 2018-2019.
Vide another notification dated 22.08.2019, applications were invited Page No.# 13/17 for holding Limited Departmental Competitive Examination for recruitment to the same cadre against the vacancies for the year 2019.
The examination was open to Malti-Tasking Staff (MTS) and Gramin Dak Sevaks (GDS) against the vacancies. The selection process was to be conducted in two phases, namely, written examination followed by Data Entry skill test.
The record reveals that the written tests were held on 15.09.2019 and 29.09.2019 and the respondents, who were declared to be successful, were called upon to subject themselves to the skill test. The skill test also was conducted but the results were never declared. Because of the delay in declaration of the results, the respondents in these two writ petitions approached the Central Administrative Tribunal (CAT), Guwahati Bench (hereinafter referred to as "the Tribunal") by filing Original Applications seeking a direction for declaration of the results.
While the afore-noted O.A.s filed by different applicants were pending, by a notification dated 10.12.2020, the entire recruitment process was cancelled on the plea of the advertisement notifying abnormally high vacancy, meaning thereby that more vacancies had been notified in the advertisement than the actually existing vacancies; as also for the reason of non-adherence to the mandatory Postal Directorate guidelines requiring maintenance and preservation of CCTV surveillance during the examination process.
Thus, considering such lapses as grave and prejudicial, as also for maintaining fairness of the selection process, such decision to cancel the entire examination was taken.
Aggrieved by such cancellation of the entire examination process, Page No.# 14/17 some of the candidates/respondents approached the Tribunal vide O.A. No. 255/2020 and other connected O.A.s, and O.A. No. 5/2021 with a prayer for a direction to declare the results of the examination and to appoint them against the notified vacancies.
In the afore-noted O.A.s, an interim order was passed putting in abeyance the implementation of the order dated 10.12.2020. In the meantime, the vacancies for the year 2020 was advertised, in which many of the applicants/respondents also participated. The selection process was held and the results of such selection process also was declared.
Similarly, for the successive vacancies occurring in the succeeding years, limited departmental examinations were held. It appears at this stage that the respondents herein either had not participated in the recruitment process held for the subsequently advertised vacancies, or had participated but had not come out successful. In any view of the matter, while the report was tabled before the Ministry of Communication in the Department of Posts regarding the selection process held all over India, and bringing to the notice of the department that for notifying more number of vacancies than what actually existed and for non-adherence to the mandatory Postal Directorate guidelines while conducting the examinations, the entire examination process for Guwahati Postal Circle was cancelled; an objection was raised by the department that such anomalies could have been rectified as it did not adversely affect the purity of the selection process in any manner whatsoever.
Notwithstanding such objection, a decision was taken with the Page No.# 15/17 approval of the Chief Postmaster General to cancel the entire selection process with respect to the advertisements dated 05.08.2019 and dated 22.08.2019.
The Tribunal, vide the orders impugned in these writ two petitions, ultimately directed that the results pursuant to the selection process in question must be declared with all consequential actions, which decision of the Tribunal is under challenge in these two writ petitions.
Mr. Chakravarty, learned Central Government counsel has submitted that with the notification advertising more number of vacancies than what actually existed, the entire process got a jolt, which could not have been rectified.
Apart from that, Mr. Chakravarty has further submitted, with this direction by the Tribunal, a lot of anomalies would creep in the seniority position, namely, the respondents, if found successful against the advertised vacancies of the year 2019, would have to be made senior to the persons who have become successful in the selections process and appointed in the years 2020-2021, 2021-2022 as also in the succeeding years.
Lastly, it has been submitted by Mr. Chakravarty that after six years of the entire process having been kept in limbo, such a direction was uncalled for. What the Tribunal ought to have directed was to re- advertise the posts and allow the respondents and other eligible candidates to participate in the selection process, which the department was willing to do but for the stay order of the Tribunal operating at that time.
Controverting the above submission advanced on behalf of the Page No.# 16/17 appellants, Mr. Chanda has vehemently argued that for the fault of the department in notifying the vacancies in excess of the existing requirement, the respondents ought not to be penalized, more so, when the result of their written test had been declared. He contends that though the respondents may not have indefeasible right to be selected and appointed, but they definitely have the right to be considered for selection, which right cannot be dealt with arbitrarily, as has been done in this case, especially in view of the objection of the Ministry regarding cancellation of the examination process in its entirety.
He further submits that during the pendency of the proceedings before the Tribunal and at the direction of the Tribunal, a Three-Member Committee had been constituted to work out the vacancy available for the year 2019, as it were after clubbing of the vacancies of the preceding years, for which no selection/appointment were made. Pursuant to the direction of the Tribunal, an exercise was carried out and it was found that actually the number of vacancies was 75 and not 125.
Mr. Chanda therefore submits that the results could have been declared only corresponding to the number of vacancies and, in that case, there was no necessity of scrapping the entire process, which entails time, resources and the career prospects of the candidates. That apart, he has submitted that the defect, which was pointed out, was capable of being rectified without any difficulty and that, so far as the discrepancies in holding the examination was concerned, there is not an iota of complaint from any quarter whatsoever.
Mr. Chanda, however, seeks some time to bring on record some judgments indicating that merely because of inadvertently wrong Page No.# 17/17 vacancy position having been notified in the advertisement, which is capable of being rectified, the entire process ought not to be scrapped leaving the applicants, who have waited for all these years, high and dry, losing out their career prospects.
Re-notify on 09.03.2026.
JUDGE CHIEF JUSTICE Comparing Assistant