Gauhati High Court
State Of Assam vs Nilotpal Bhattacharyya And Anr on 12 March, 2024
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GAHC010083082021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./20/2022
STATE OF ASSAM
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-6, KAMRUP (M) DISTRICT, ASSAM
VERSUS
NILOTPAL BHATTACHARYYA AND ANR.
S/O- SRI LAKSHAN BHATTACHARYYA, VILL- CHATAMA, P.O. CHATAMA,
P.S. GHOGRAPAR, DIST.- NALBARI (ASSAM), PIN- 781350, PH. NO.
9707169798
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 : MR. D SAIKIA
Advocate for the Respondent : MR. T C CHUTIA, SC, ASSAM HIGHER SECONDARY
EDUCATION COUNCIL (R-2 & 3) Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK 12/03/2024 Heard Mr. R Mazumdar, learned Standing counsel, Department of School Education, Assam for the review petitioner.
2. Pursuant to an advertisement dated 10.05.2018 issued by the Secretary, Assam Higher Secondary Education Council (AHSEC in short), Bamunimaidam, Guwahati for filling up of 31 nos. of posts of Junior Assistant in the office of the said Council that was published on 11.05.2018, the writ petitioner applied for the same. On issuance of the admit card, the said writ petitioner along with others appeared in the Written Test as well as in the Computer Proficiency Test. But due to receipt of allegations and counter allegations relating to the anomalies in OMR sheets for recruitment to those advertised posts of Junior Assistant in the AHSEC that was conducted by an Agency from outside the State of Assam; the Commissioner & Secretary, Govt. of Assam in the Secondary Education Department vide Notification No. ASE.392/2008/145 dated 26.02.2020 decided to conduct an enquiry into the whole matter entrusting such enquiry to one Mr. R. C. Jain, retired IAS, the then Chairman of Board of Secondary Education, Assam (SEBA) to conduct a detail enquiry in the matter and to submit the comprehensive enquiry report before the Government within a period of 1 (one) month from the date of the said notification.
3. As one of such candidates preferred a writ petition being WP(C) No. 3056/2020 with regard to the said selection process and for declaration of the results of such recruitment to the posts of Junior Assistant in the AHSEC, wherein the Court observed that pendency of the writ petition shall not be a bar for the authorities to publish the results of the Computer Proficiency Test and to proceed with the recruitment process in accordance with law, the respondent No. 1 herein as a petitioner preferred the connected writ petition being WP(C) No. 4859/2020 praying amongst others for a direction to the respondent authorities therein, more particularly, the Chairman of AHSEC, Bamunimaidam, Guwahati as well as the Secretary, AHSEC, Bamunimaidam, Guwahati respondent Nos. 2 and 3 respectively to declare the results of the Computer Proficiency Test that was held on 18.02.2019 pursuant to the said advertisement dated 10.05.2018 and further to direct those respondents to call for the viva- voce and appoint the selected candidates.
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4. In the said WP(C) No. 4859/2020, preferred by the present respondent No. 1, the Government of Assam in the Secondary Education Department represented by its Commissioner & Secretary, Secondary Education Department was the respondent No. 1.
5. Though notice in the said WP(C) No. 4859/2020 was issued on 23.11.2020, but the respondent authorities did not file any affidavit(s) in the matter.
6. This Court after hearing the learned counsels for the parties and considering the entire aspect of the matter by order dated 04.02.2021 disposed of the said WP(C) No. 4859/2020 preferred by the respondent No. 1 directing the respondent AHSEC to complete the process of selection to the posts of Junior Assistant as advertised by it on 10.05.2018 that 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.
7. The State Government in the Secondary Education Department represented by its Commissioner & Secretary filed this review petition to review/recall the said order dated 04.02.2021 passed in WP(C) No. 4859/2020 on the ground that while disposing of the said writ petition, the respondent No. 1 in said WP(C) No. 4859/2020 was not heard and the other two respondents therein being the Assam Higher Secondary Council were heard, whereas the Notification No. ASE.392/2008/145 dated 26.02.2020 was issued by the Secondary Education Department of the State.
8. Mr. Mazumdar, learned Standing counsel, Department of School Education, Assam for the review petitioner submitted that there are lots of anomalies in the OMR Sheets and in selection process for selection to the posts of Junior Assistant as advertised by the AHSEC on 10.05.2018 and in that regard the Chairman of the AHSEC lodged a complaint against the Member, Executive Council of AHSEC on 30.12.2019 before the Commissioner & Secretary, Education Department of the State about the anomalies that took place during the selection process for the posts of Junior Assistant in the AHSEC.
9. Mr. Mazumdar, learned Standing counsel, Department of School Education, Assam for the review petitioner from the review petition itself submitted that the relevant enquiry report with regard to the selection for the posts of Junior Assistant divulged serious anomalies in the selection process and those facts were not placed before the Court by the AHSEC in the order Page No.# 4/5 dated 04.02.2021 passed by this Court in the connected WP(C) No. 4859/2020.
10. Mr. Mazumdar, learned Standing counsel, Department of School Education, Assam for the review petitioner also placed before the Court that while disposing of the connected WP(C) No. 4859/2020 on 04.02.2021, the authorities in the AHSEC also did not place before the Court that the records relating to the results of each of the candidates in their evaluation test were not maintained by the Council and therefore, it was not possible to differentiate the tainted candidates from the untainted candidates and thereby, it would not be possible to verify the merit of each of the candidates, like the writ petitioner.
11. Mr. Mazumdar, learned Standing counsel, Department of School Education, Assam for the review petitioner further stated that due to such anomalies that took place in the selection process for the posts of Junior Assistant in the AHSEC advertised on 10.05.2018, the State Government in the interest of larger public interest and to ensure transparency in the selection process interfered with the said selection process so as to ensure the principles of administrative fair play and equity that are required to adhere during the selection process to the public posts and that the respondents in the AHSEC did not place all those vital and important facts before the Court while disposing of the connected WP(C) No. 4859/2020 on 04.02.2021. Hence, this review petition.
12. From the records of the case, it is seen that notice of this review petition on the respondent No. 1, i.e., the writ petitioner of WP(C) No. 4859/2020 as well as the Standing counsel in the AHSEC have been duly served. But none of them appeared in the matter in spite of granting time on many occasions. Moreover, name of the Standing counsels for the AHSEC have also been reflected in the cause list on 25.01.2024, 19.02.2024 and 06.03.2024 and the respondent Nos. 2 & 3 in the AHSEC remained unrepresented.
13. After hearing the learned counsel for the review petitioner, considering the entire aspects of the matter and for the ends of justice, the Court is of the view that the order dated 04.02.2021 passed by this Court earlier in the connected WP(C) No. 4859/2020 needs to be reviewed and therefore, the said order is hereby recalled.
14. Accordingly, this review petition stands allowed.
15. Since the order dated 04.02.2021 passed in the connected WP(C) No. 4859/2020 has been recalled in this review petition, Registry shall now list the said writ petition before the Page No.# 5/5 appropriate bench for admission, reflecting the names of the Standing counsel, Secondary Education Department as well as the Standing counsel, AHSEC for the respondent Nos. 1 and 2 & 3, respectively, in the cause list.
JUDGE Comparing Assistant