Gauhati High Court
Hemanta Pegu vs The State Of Assam And 2 Ors on 14 August, 2020
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/3
GAHC010104052020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3056/2020
1:HEMANTA PEGU
S/O- SRI LALIT PEGU, R/O- VILL- KARPUNPULI, P.O AND P.S- GOGAMUKH,
DIST- DHEMAJI, ASSAM, PIN-
VERSUS
1: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
ASSA M
Advocate for the Petitioner : MR. R MAZUMDAR
Advocate for the Respondent : SC, SEC. EDU.
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Page No.# 2/3 14.08.2020 Heard Mr. R. Mazumdar, learned counsel for the writ petitioner. The petitioner herein had participated in the selection process held for filling up 31 posts of Junior Assistants under the respondents. It is the case of the writ petitioner that after declaration of the results of the written test, he took part in the computer proficiency test which was held in the month of February, 2019. However, despite the lapse of several months the result of the computer proficiency test has not been declared without assigning any valid reason.
Mr. Mazumdar submits that his client apprehends that taking advantage of the prevailing situation arising out of the outbreak of Covid-19 pandemic, the respondents may appoint ineligible candidates, in violation of the rules by ignoring candidates with better merit.
Mr. T. C. Chutia, learned Standing Counsel, Assam Higher Secondary Education Council, while denying the allegations made in the writ petition has prayed for four weeks time to obtain instruction.
Issue notice returnable in four weeks.
Since Mr. SMT Chistie, learned Standing Counsel, Secondary Education Department, Assam, has entered appearance and accepted notice on behalf of respondent No.1 and Mr. T. C. Chutia, learned Standing Counsel, Assam Higher Secondary Education Council, has accepted notice on behalf of respondent Nos.2 and 3, service of notice is deemed to be complete in this case. However, extra copies of the writ petition, requisite in numbers, be furnished to the learned Standing Counsel within three days from today so as to enable them to obtain instruction.
Page No.# 3/3 Heard on the prayer of interim relief.
The said prayer will be considered on the returnable date. The learned Standing Counsel to obtain instruction and apprise this Court as to the reason for not publishing the results of the computer proficiency test till date.
It is, however, made clear that pendency of this writ petition shall not constitute any bar for the authorities to publish the results of the computer proficiency test and proceed with the recruitment process in accordance with law.
List along with WP(C) Nos.3058/2020 & 3069/2020.
JUDGE Comparing Assistant