Gauhati High Court
Page No.# 1/7 vs The Union Of India And 15 Ors on 9 August, 2024
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/7
GAHC010158472024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4001/2024
GS-195323A- J STANLY JOHN AND 14 ORS
S/O. M JEYASEELAN
RESIDENT OF NO.277, ST ANTHONIYAR STREET, SEMMIYAMANGALAM,
POLUR, TIRUVANNAMALAI-606803, TAMIL NADU.
2: GS-192424H -SANJIB DEKA
S/O. SUREN DEKA
RESIDENT OF VILL- BALITARA
PO- BALITARA
DIST- NALBARI
STATE- ASSAM
PIN- 781349
3: GS-192446F- NABAJIT DEKA
S/O. RAMESH DEKA
RESIDENT OF HOUSE NO.3
CHITRABAN PATH
KERAKUCHI
BELTOLA
GUWAHATI-781040
ASSAM.
4: GS-192853K- KHAMKAR SANDEEP NAMDEO
S/O. KHAMKAR NAMDEO KISAN
RESIDENT OF VILL - RILE
THE - SHIRALA
DISTT - SANGLI
MAHARASTHRA
PIN 415408
5: GS- 192459Y- NEERAJ CHAUHAN
S/O. RAJENDRA SINGH CHAUHAN
PRESENTLY RESIDENT OF VILL AND PO - GANGORI
DIST-UTTARKASHI
Page No.# 2/7
UTTARAKHAND
PIN-249193
6: GS- 192352K- SUNIL KUMAR TEWARI
S/O. BASANT BALLABH TEWARI
RESIDENT OF SHIVALIK VIHAR
PHASE-2
CANAL ROAD
PO/PS - KATHGODAM TEHSIL - HALDWANI
DISTT-NANITAL
UTTARAKHAND
PIN 236126
7: GS-192693P -NAVEEN
S/O. RAJBIR SINGH
RESIDENT OF HOUSE NO.. 1160
WARD - 01
VILL AND PO- PAKASMA
DISTT - ROHTAK
HARYANA
PIN-124401
8: GS- 192974L - BHARAT MOHAN DOBRIYAL
S/O. SHRIPATI RAM DOBRIYAL
RESIDENT OF VILL - RAJKHIEL
PO - KULHAD (SATPULI)
THE/TO/PS- LANSDOWNE
DISTT - PAURI GARHWAL
UTTARAKHAND
PIN 246172
9: GS- 192924A- NAVAL KISHOR PANDEY
S/O. CHANDRA SHEKHAR PANDEY
RESIDENT OF H .NO 72 A
CHARAYAL NAYABAD
RTO ROAD
JAI BADRI VISHAL COLONY
KUSUMKHERA HALDWANI DISTRICT- NAINITAL
UTTARAKHAND -263139.
10: GS- 192662P- ARVIND KUMAR
S/O. BIRENDER
RESIDENT OF H/NO - 5/102
SHASTRI NAGAR
VILL - SHAFIPUR
PO AND TEH- ROORKEE
DISTT- HARIDWAR
Page No.# 3/7
UTTARAKHAND
PIN- 247667
11: GS- 192929Y - YAMJEET SINGH
S/O. YOGENDRA PAL SINGH
RESIDENT OF VILL-SHAHPUR DHAMERI
PO- BHAINSA
DIST- BIJNOR (UP) PIN-246734
12: GS- 192660K- VINOD KUMAR
S/O. JAI DUTT KUKRETI
RESIDENT OF A-321 GTM FOREST HILLS AND LAVANA
OPPOSITE IIP MOHKAMPUR
DISTT- DEHRADUN
STATE- UTTARAKHAND-248005
13: GS- 192976W - SUNIL KUMAR MISHRA
S/O. RAMBABU MISHRA
RESIDENT OF H/NO 533
GANESH NAGAR
NEAR MEDICAL COLLEGE
KOTA
RAJASTHAN
PIN 324005.
14: GS- 195253M - MANOJ KUMAR BHATT
S/O. JAGDISH CHANDRA BHATT
RESIDENT OF DUMKABANGAR BACHCHIDHARMA
HALDUCHOUR LALKUON
NEAR ST SHAPT RESHI SCHOOL
HALDWANI
DISTT- NANITAL
UTTARAKHAND PIN 263139.
15: GS- 194504Y - JEEVANANTHAM N
S/O. NAGARAJAN K
RESIDENT OF NO.45
STREET-02
SATTAIYAMPUDHUR
TIRUCHENGODE
NAMAKKAL-637211
TAMIL NADU
VERSUS
THE UNION OF INDIA AND 15 ORS
REPRESENTED BY THE SECRETARY (BORDER ROADS), SOUTH BLOCK,
MINISTRY OF DEFENCE, NEW DELHI-110 011.
Page No.# 4/7
2:THE SECRETARY (PERSONNEL)
DEPARTMENT OF PERSONNEL AND TRAINING
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK
NEW DELHI-110 001.
3:THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI- 110 010
4:ADDITIONAL DIRECTOR GENERAL (EAST)
HQ ADGBR (EAST)
PIN-900885
C/O - 99 APO.
5:COMMANDANT
BRO SCHOOL AND CENTRE
RECORD OFFICE
GENERAL RESERVE ENGINEER FORCE
DIGHI CAMP
PUNE-411015.
6:GS NO. 192946Y- AJEET SINGH
JUNIOR ENGINEER (CIVIL)
(SC CATEGORY)
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
7:GS NO. 195291H- VIJAYAN A
JUNIOR ENGINEER (CIVIL)
OBC (CAUR) CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
Page No.# 5/7
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
8:GS NO. 192628P - PARIMAL DAS
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS)
9:GS NO. 192909L - DHEERAJ KUMAR RAJ
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
10:GS NO. 192463F - SANJAY KUMAR RAVI
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
11:GS NO. 192514K - PARAMASIVAM M.
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
12:GS NO. 192543Y - MAHTAB ALAM
JUNIOR ENGINEER (CIVIL)
OBC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
13:GS NO. 193091N - DHARMENDRA KUMAR
JUNIOR ENGINEER (CIVIL) SC CATEGORY
Page No.# 6/7
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
14:GS NO. 195424N - LAMSOGE BHUSHAN NOKESHWAR
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
15:GS NO. 195144A - RASABHARATHI M.
JUNIOR ENGINEER (CIVIL) OBC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
16:GS NO. 195186M - RISHIPAL JATAV
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS)
Advocate for the Petitioner : MRS. R BORAH, MR. D BORAH
Advocate for the Respondent : DY.S.G.I.,
BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
09.08.2024 Heard Shri D. Borah, learned counsel for the petitioners.
2. The petitioners are serving as Junior Engineer (Civil) in the Border Roads Organization. It is submitted that the entry into service was consisting of various aspects and based upon the final results, the Master Senior List is required to be Page No.# 7/7 prepared. However, the contention of the petitioners is that certain candidates who had secured less marks were placed above the petitioners in the Master Senior List and the reason assigned which the petitioner has learnt from a response made on 21.03.2023 is that the Trade Test was held a few days prior for those candidates. It is submitted that the TT being a part of the various aspects which were considered in the recruitment, the same will not have a material bearing. In any case, it is submitted that after the TT there is written examination followed by Viva-Voce whereafter separate select list are required to be prepared and are amalgamated in the Master Senior List.
3. Let notice be issued, returnable on 06.09.2024.
4. Shri B. Chakraborty, learned CGC accepts notice on behalf of the respondent Nos. 1 to 5. Extra copies of the writ petition be served upon the learned counsel for the respondents within three working days.
5. Steps for service of notice upon the respondent nos. 6 to 16 be taken by registered post with A/D in the office address of the Department within three working days. The Department would communicate the said respondents about the case.
6. List this case on 06.09.2024.
7. The prayer for interim order is kept open.
JUDGE Comparing Assistant