Partly allowed

Bulbul Ali v. Lakshyadhar Chamua

Gauhati HC9 Feb 2018I.A.(Civil)/127/2018

Case brief

AI extract

What is this about?

This order vacates an interim order in a recruitment dispute where the petitioner concealed his selection in the Fire & Emergency Services branch while projecting a different post. The court directed respondents to appoint the applicant as per the 2017 selection list. Holland

What did the court decide?

The interim order dated 17.11.2017 is vacated. Respondents are at liberty to give appointment to the applicant as per the selection notified on 20.10.2017.

Bulbul Ali Vs Lakshyadhar Chamua — Service and Employment | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010007492018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil) 127/2018

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1:BULBUL ALI

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S/O- CHAFARADDIN ALI, R/O VILL.- CHALARMUKH, P.O.- BURHA SIPAJHAR

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VERSUS

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1:LAKSHYADHAR CHAMUA

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S/O- HIRANYA CHAMUA, R/O VILL.- GAVARA, P.O.- DUNI, SIPAJHAR

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Advocate for the Petitioner : MR. B K DAS

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Advocate for the Respondent : MR. M K BORO

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BEFORE

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HON’BLE MR. JUSTICE HRISHIKESH ROY

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O R D E R

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09.02.2018

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Heard Mr. B.K. Das, the learned Counsel for the applicant. The respondent/writ petitioner is however unrepresented although the name of the concerned Counsel is reflected in the cause list. The learned Government Advocate Mr. N. Goswami, appears for the three State respondents.

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The matter pertains to the recruitment of Constable (Unarmed Branch) in five different branches within the Assam Police. The applicant with his Science Stream Higher Secondary Qualification, was eligible for the posts in all branches and eventually his name appears in the Select List dated 20.10.2017 (Annexure-I) for the Fire & Emergency Services and also in the SDRF

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Page No.# 2/2

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(Emergency Rescuer) branch.

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However, without disclosing the fact of bonafide selection of the applicant, the writ petition was filed by projecting the incorrect picture that the petitioner had applied for the post of Constable in the Assam Police Radio Organization and not in the Fire & Emergency Services branch. On this basis, the interim order was passed by this Court on 17.11.2017.

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The applicant as was noted, was selected for the post of Constable in the Fire & Emergency Services and also in the SDRF (Emergency Rescuer) branches but the concerned Select List of 20.10.2017 (Page-32) was not brought to the notice of the Court. Today the Counsel for the writ petitioner are not present to defend the interim order passed at their instance.

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Having considered the above and more particularly the fact that the applicant was selected for the vacancies in both Fire & Emergency Services and also the SDRF (Emergency Rescuer) branches, the interim order dated 17.11.2017 in the WP(C) No.6976/2017 stands vacated. The respondents are at liberty to give appointment to the applicant, as per the selection notified on 20.10.2017. It is ordered accordingly.

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With the above order, the I.A.(Civil) stands allowed.

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JUDGE

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Comparing Assistant

Bulbul Ali v. Lakshyadhar Chamua

Case brief

What is this about?

What did the court decide?

Bulbul Ali v. Lakshyadhar Chamua

Case brief

What is this about?

What did the court decide?

What the court decided

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