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1) Dhubri

2) Karimganj

3) Hailakandi

4) Cachar

5) Sibsagar

6) Jorhat

7) Nagaon

8) Darang

9) Sonitpur

10) Goalpara

11) Morigaon

12) Barpeta

13) 4th APBN, GRP, CID, SB & ACB

14) Commando BN & Kamrup DEF

15) 10th APBN The Division Bench allowed the appeals pertaining to (i) Karimganj District,

(ii) Hailakandi District, (iii) Commando Battalion & Kamrup DEF; and (iv) 10th AP Battalion. The appeals pertaining to the rest of the Districts/Battalions were dismissed. As such the selections made in those Districts/Battalions were also set aside as was done by the learned Single Judge. In the present Civil Appeals before us we are concerned with the selections of only three Districts, they are: (i) Dhubri, (ii) Barpeta; and (iii) Sonitpur. Civil Appeal arising out of SLP (C) No.3536/2007 pertains to Dhubri District, Civil Appeal arising out of SLP (C) Nos.6581 and SLP (C) Nos.17219-17222 of 2007 pertain to Barpeta District while Civil Appeal arising out of SLP (C) 6576 of 2007 pertains to Sonitpur District. We will, therefore, be limiting ourselves only in so far as those Districts are concerned.

15. As regards Barpeta District, the learned Single Judge found that the register of candidates of Barpeta was maintained only from the stage of completion of the elimination race wherein 5540 candidates had qualified. All of them were allowed to take the physical test. The learned Judge then deduced that 5540 candidates were interviewed in a span of 9 days. He, therefore, came to the conclusion that the average number of candidates on each day was much more than the benchmark of 250 which he had fixed. He also recorded that one Minister had made written request in respect of 43 candidates but out of them only 19 were selected. However, the learned Judge did remark that the marks secured by most of the aforementioned 19 candidates did not reflect award of any abnormally high marks in the viva voce test. The learned Judge then recorded:

".yet having regard to the very fragile nature of the viva voce segment of the selection on account of the participation of over 5500 candidates therein, I am of the view that the just and proper conclusion that must be reached in the totality of the facts of the case is that the selections held in Barpeta District should receive this Court's interference. Accordingly, the said selections are set aside."

16. As regards Dhubri District, the learned Single Judge noted that as many as 117 posts were advertised and 3722 candidates competed for the same after being qualified for the physical test. The learned Judge then noted, as per the report of the Amicus Curaie, that all the selected candidates had got high marks in viva voce ranging between 30 to 41 out of 50 marks. The learned Judge did not find fault with the application forms of the selected candidates which were duly initialed by the concerned officers nor did he find fault with the procedure adopted. However, the learned Judge noted that the number of candidates who were interviewed during 9 days was a "high disturbing factor" as also the award of high marks in the viva voce to the selected candidates which has an isolated feature by itself which could assume significance. It is only on this material that the whole selection was set aside.

BARPETA DISTRICT

38. The story regarding Barpeta District does not appear to be any different. Shri Dholakia, Senior Counsel took us through the counter affidavit filed on behalf of the State wherefrom it is apparent that a Selection Board was constituted for Barpeta District consisting of one Shri B.B. Chetry, APS, the then Superintendent of Police, Barpeta District as its Chairman and Shri D. Upadhaya, APS, the then Commandant, 4th APTF Bn., Barpet District as its Member. The affidavit further goes on to suggest the names of the members of the sub-committees for conducting the elimination race and for other events. In so far as elimination race is concerned, two police personnel, namely, ABSI Pramod Das and Hav. Clerk Altaf Hussain were appointed. As for documentation and measurement a team of 13 personnel was named so also for 100 meters race, long jump and high jump, there appears to be a team of two personnel each. It is then asserted that in all 5540 candidates appeared between 3rd December to 8th December and interviews were started at 6.30 a.m. and lasted till 8.30 p.m. giving clean 14 hours to the Selection Committee. It is pointed out that out of 5540 candidates 1815 candidates were selected on being eligible/physically fit to appear for viva voce. It is then pointed out that candidates who were left out of the viva voce test due to shortage of time on the date of selection were called on 9.12.2004 and 10.12.2004 also. It is asserted that this fact was reflected on the Police Radiogram dated 5.12.2004 and 10.12.2004 and only the selected candidates were called to appear for personal interview on the dates fixed for that purpose. These fixed dates were on 3rd, 4th, 5th, 6th and 7th December, 2004 and as has already been submitted 9th and 10th December, 2004. It is very frankly contended in the counter affidavit that those who were left out due to paucity of time, were called on 9th and 10th December, 2004. The counter also goes on to explain that the interview board was alive to the considerations required for selection for the post of constables and as such it was sufficient to test the candidates on the basis of their physical capability and agility. It is then contended that in viva voce random questions were put to the candidates considering the time constraints to ascertain their minimum intelligence level which a constable is required to possess. The copies of the documents like the Memo dated 2.12.2004, Memo dated 3.9.2005, Police Radiograms dated 5.12.2004 and 10.12.2004 are annexed to the counter affidavit which go on to suggest the genuineness of the claim by the State Government supporting the selections.