Allowed

Smti Minu Devi v. the State of Assam and Ors.

Gauhati HC13 Nov 2018WP(C)/6327/2010

Case brief

AI extract

What is this about?

The Gauhati High Court allowed a writ petition challenging an unpublished recruitment advertisement. The court set aside the notification and directed the respondent authorities to issue a fresh advertisement with wide publicity in local newspapers and on office notice boards before proceeding with recruitment. The earlier stay order remained in effect as no application to vacate it was filed.

What did the court decide?

The impugned advertisement dated 12.10.2010 was set aside. The petitioner was directed to issue a fresh advertisement with wide publicity in local newspapers and on the office notice board before comm

Smti Minu Devi Vs the State of Assam and Ors. — Service and Employment | Gauhati HC (2018)

¶1

Page No.# 1/2

¶2

GAHC010221512010

¶3

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

¶4

Case No. : WP(C) 6327/2010

¶5

1:SMTI MINU DEVI

¶6

W/O SRI BHUBAN BARTHAKUR, R/O VILL. DEURI GAON, P.O.HOWAJAN, DIST SONITPUR, ASSAM

¶7

VERSUS

¶8

1:THE STATE OF ASSAM AND ORS

¶9

REP.BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, PWD , DISPUR, GHY-6

¶10

2:THE CHIEF ENGINEER ROADS CHANDMARI GHY-3

¶11

3:THE EXECUTIVE ENGINEER PWD RURAL ROAD DIVN SILAPATHAR

¶12

4:SRI MADHU DAS

¶13

S/O SRI LILA KT. DAS R/O VILL- AUNICATI GAON P.O. BARDELONI P.S. GOGAMUKH DIST. DHEMAJI ASSAM

¶14

Advocate for the Petitioner : MR.D BORAH

¶15

Advocate for the Respondent : SC, PWD

¶16

B E F O R E

¶17

Hon’ble MR. JUSTICE N. KOTISWAR SINGH

O R D E R

Page No.# 2/2

13.11.2018

No one is present for the petitioner.

¶22

In this petition, the petitioner is challenging the advertisement issued on 12.10.2010 for filling up 4(four) posts of LDA and one post of Section Assistant in the office of the Executive Engineer, PWD, Dhemaji Rural Road Division, Silapathar.

¶23

It is seen from the record that apart from the official respondents there is no private respondent impleaded.

¶24

By an order passed by this Court on 03.12.2010, this Court had stayed aforesaid advertisement. The State authorities have not filed any application for vacating the said stay order. Because of the stay order passed on 03.12.2010, the recruitment could not have taken place.

¶25

On of the issues raised in the petition is that though, such advertisement ought to have been widely published through newspapers or otherwise, the same had not been done. Neither the said advertisement was displayed in the notice board of the office.

¶26

In view of the above, this Court is of the opinion that the present petition can be disposed of with the direction to the respondent authorities to issue a fresh advertisement by giving wide publicity before resorting to any recruitment process for appointment to the aforesaid posts by way of publishing in the local newspapers and display the same in the office board so that the intending candidates can be dully notified.

¶27

Accordingly, the present petition is allowed by setting aside the impugned notification/advertisement dated 12.10.2010 with liberty to the respondent authorities to proceed with the recruitment process for appointment to the aforesaid posts, if so advised, by widely publishing the advertisement for recruitment for said posts in local newspapers and displaying in the office notice board.

¶28

With the above direction, this writ petition stands allowed.

¶29

JUDGE Comparing Assistant

Smti Minu Devi v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Smti Minu Devi v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepen Gogoi and 74 Ors. Vs the State of Assam and Ors.

Mrs Pratibha Kalita and Anr. Vs the State of Assam and Ors.

George Hajowary and 3 Ors, Vs the State of Assam and 3 Ors.

National Seeds Corporation Ltd. Vs the Presiding Officer, C G I Tribunal-Cum-Labour Court and Ors.

Smti Pallabi Tamuli Vs the State of Assam and Ors.

Madhu Das Vs Smti Minu Devi