Allowed

Sad Uddin v. the State of Assam and 4 Ors.

Gauhati HC2 Apr 2018WP(C)/3226/2013

Case brief

AI extract

What is this about?

Petitioner challenged the re-advertisement and subsequent corrigendum cancelling his OBC reserved seat, arguing it violated the initial process. Court set aside the new advertisement and corrigendum, directing authorities to publish results based on the initial October 2012 advertisement held for OBC category.

What did the court decide?

Advertisement dated 03.06.2013 and corrigendum dated 04.06.2013 set aside; authorities directed to publish results and appoint selected candidates from the initial 02.10.2012 advertisement.

Sad Uddin Vs the State of Assam and 4 Ors. — Pension and Retirement Benefits | Gauhati HC (2018)

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GAHC010007622013

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

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Case No. : WP(C) 3226/2013

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1:SAD UDDIN

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S/O HAJI RASHID ALI R/O NAGHARIA P.S. PATHARKANDI P.O. BARAIGRAM DIST. KARIMGANJ.

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY, EDUCATION DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DIRECTOR SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI-19.

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3:THE BOARD OF DIRECTORS JAFARGARH EXTENDED HIGHER SECONDARY SCHOOL BARAIGRAM KARIMGANJ.

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4:THE PRINCIPAL IN THE CHARGE JAFARGARH EXTENDED HIGHER SECONDARY SCHOOL BARAIGRAM KARIMGANJ.

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5:THE INSPECTOR OF SCHOOLS KARIMGANJ DISTRICT CIRCLE KARIMGANJ

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Advocate for the Petitioner : MRS.B DAS

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Advocate for the Respondent : SC, EDU

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BEFORE

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HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 02-04-2018

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Heard Ms. P Bhattacharya, learned counsel for the petitioner. Also heard Mr. S P Bhattacharjee, learned Standing counsel, Education Department for the respondent Nos. 1, 2 and 5.

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Though, notice on the respondent Nos. 3 and 4 was issued on 31.07.2014 by registered post with A/D, but neither the A/D card nor unserved notice has been received back by the Registry of this Court with regard to respondent No. 3, whereas, the A/D card in respect of respondent No. 4 has been returned back with official stamp and initial signature. As such, service of notice on the respondent Nos. 3 and 4 deem to be complete.

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The authorities of Jafargarh Extended Higher Secondary School, Baraigram in the District of Karimganj, a provincialized Higher Secondary School on 02.10.2012 issued an advertisement for filling up 3 (three) vacant posts of Grade-IV of which 1^st one was reserved for Schedule Tribe (Plains), 2^nd one was reserved for OBC/MOBC and the 3^rd one was reserved for the Schedule Caste candidates and in terms of the said advertisement dated 02.10.2012, the applications of the intending candidates, having read upto Class-X should reach the office of the Principal In-charge of said Jafargarh Extended H.S. School, on or before 10.10.2012 and further interview for those posts were fixed on 14.10.2012.

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The petitioner applied for the post of Grade-IV in said school in the OBC category and on 03.12.2012, the authority of said Jafargarh Extended H.S. School, issued call letter to him to appear in the interview for the said advertised post on 15.12.2012. However, result to said advertised posts were not declared. Thereafter, the authorities of said Jafargarh Extended H.S. School on 03.06.2013 issued another advertisement for filling up of 1 (one) unreserved post of Grade-IV with similar educational qualification, fixing date of written test on 14.06.2013. On the very next day, i.e., on 04.06.2013, a Corrigendum was issued by the authorities of said Jafargarh Extended H.S. School, stating that the 1 (one) post that was reserved for OBC category according to the earlier roster has now become unreserved according to the new roster which came into effect from 21.08.2012 and it was further observed that the said corrigendum supersedes all the earlier process with regard to selection of the OBC candidate.

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Page No.# 3/5

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Being aggrieved with such action of the respondents in Jafargarh Extended H.S. School, the petitioner has preferred this writ petition praying for setting aside and quash the impugned advertisement dated 03.06.2013 and the Corrigendum dated 04.06.2013 issued by the Principal Incharge of said Jafargarh Extended H.S. School, for the post of Grade-IV in the OBC category and further, for a direction to the respondent authorities to declare the result of the previous interview and to publish the select list of the interview held on 03.12.2012 pursuant to the advertisement issued earlier on 02.10.2012.

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This Court while issuing notice to the respondents herein, by order dated 11.06.2013, in the interim observed that the appointment to Grade-IV vacancy in said Jafargarh Extended H.S. School, should not be given in pursuant to the 2^nd advertisement dated 02.03.2013 without the leave of the Court, which is still in force.

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The respondent No. 5 the Inspector of Schools, Karimganj in his affidavit filed in this matter on 26.02.2015 stated that in terms of the guidelines issued by the Director of Secondary Education, Assam on 12.09.2012 and as per the provisions of the 100 Point Roster issued by the State Government on 20.12.2005, the School authority on 02.12.2012 made an advertisement for 3 (three) posts of Grade-IV, all for the reserved category of ST(P), SC and OBC/MOBC published in two local dailies and the School Managing Committee of said school selected 3 (three) candidates holding top positions in the merit list and were recommended to the Inspector of Schools for necessary approval and appointment. While examining the record in terms of the Government Notification dated 21.08.2012 with regard to the Assam Schedule Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 2012, the then Inspector of Schools, Karimganj on 20.05.2013 enclosing a revised 100 Point Roster to the authority of Jafargarh Extended H.S. School, and instructed the authority of said school to make another advertisement for selection of Grade-IV staff according to the revised 100 Point Roster as published in the Assam Gazette Extraordinary on 21.08.2012 and in terms of the said Gazette Notification dated 21.08.2012 pertaining to the Assam Schedule Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 2012, the school authority of Jafargarh Extended H.S. School re-advertised the posts of Grade-IV on 03.06.2013 with a corrigendum issued on 04.06.2013 following the revised Roster 2012 as per the Departmental instruction.

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In the said affidavit, the Inspector of Schools, Karimganj respondent No. 5 has also stated that as the two reserved categories, i.e., ST(P) and SC are common in both the Rosters, the

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concerned authority took up the matter with the then Inspector of Schools, Karimganj and it is only on the basis of the communication of the Inspector of Schools, Karimganj dated 27.05.2013 and on the decision of the School Management and Development Committee of said Jafargarh Extended H.S. School, the posts were again advertised on 03.06.2013 followed by a corrigendum dated 04.06.2013, cancelling the earlier advertisement in connection with OBC community.

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From the perusal of the Assam Schedule Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 2012 issued vide Notification dated 21.08.2012 and published in the Assam Gazette Extraordinary on 21.08.2012, it is seen that Sub Section 3 of Section 1 of 2012 Amendment Act provides that the said Amendment Act of 2012 would come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. As such, by order dated 13.03.2018, the learned Government Advocate, Ms. R B Bora, was directed to place a copy of the Gazette Notification of the State Government to place regarding the appointed date of the said 2012 Amendment Act.

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Today, Ms. R B Bora, learned Government Advocate has placed a copy of the Gazette Notification dated 23.05.2013 issued by the State Government in the Welfare of Plain Tribes and Backward Classes Department published in the Assam Gazette Extraordinary on 21.05.2013 which goes to show that in terms of Sub Section 3 of Section 1 of the said Amendment Act, 2012, 27^th day of May, 2013 is the appointed date on which the said 2012 Amendment Act came into force.

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Therefore, the Assam Schedule Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) (Amendment) Act, 2012, though published in the Assam Gazette on 21.08.2012, but it has been actually brought into force in the State of Assam only w.e.f. 27.05.2013. As such, the decision of the Inspector of Schools, Karimganj directing the authorities of Jafargarh Extended H.S. School, to reconsider the advertisement for the Grade-IV posts of OBC category and the corrigendum dated 04.06.2013 observing that the post of Grade-IV which now unreserved according to the new Roster from 21.08.2012 in terms of the Inspector of Schools, Karimganj communication dated 27.05.2013 as stated in the affidavit of the Inspector of Schools, Karimganj filed in this case on 26.02.2015 is not inconformity with the said 2012 Amendment Act as the said Act came into force in the State w.e.f. 27.05.2013 only, whereas, the initial advertisement for Grade-IV posts reserved for OBC category was already issued on 02.10.2012 for which written examination was held on 14.10.2012 and interview was held on 15.12.2012 in which the petitioner appeared on receipt of a call letter from the Principal of said Jafargarh Extended H.S. School, Karimganj.

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Considering the above, the advertisement for the post of Grade-IV in Jafargarh Extended Higher Secondary School, Baraigram, Karimganj issued on 03.06.2013 and the Corrigendum issued by the authorities of said Jafargarh Extended H.S. School, on 04.06.2013 as well as the communications of the Inspector of Schools, Karimganj District Circle, Karimganj under Memo No. K- IS/Apptt./Gr.IV/2012/3854 dated 27.05.2013 and also his communication under Memo No. K- IS/Apptt./Gr.IV/ 2013/3670-733 dated 20.05.2013 with regard to the said advertisement issued on 03.06.2013 for the post of Grade-IV followed by the corrigendum dated 04.06.2013 are hereby set aside and quashed.

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Accordingly, the authorities of Jafargarh Extended Higher Secondary School, Baraigram, Karimganj as well as the Inspector of Schools, Karimganj District Circle, Karimganj are directed to publish the result pertaining to the Grade-IV posts including the post of Grade-IV in OBC category as advertised earlier on 02.10.2012 for which a written examination was already held on 14.10.2012 and viva-voce/interview was held on 15.12.2012 and to appoint the selected candidates forthwith. The petitioner shall furnish a certified copy of this order before the Inspector of Schools, Karimganj District Circle, Karimganj as well as the Principal of Jafargarh Extended H.S. School, Karimganj on or before 10.04.2018.

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With the aforesaid observation and direction, this writ petition stands allowed.

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JUDGE

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Comparing Assistant

Sad Uddin v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Sad Uddin v. the State of Assam and 4 Ors.

Case brief

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