Allowed

Kandarpa Kr. Das v. the State of Assam and Ors.

Gauhati HC12 Feb 2018WP(C)/662/2018

Case brief

AI extract

What is this about?

In a writ petition, the Gauhati High Court directed a local government office to accept a delayed recruitment application submitted by the petitioner. The petitioner sought relief after failing to submit documents on the last date due to government holiday. The court used Section 10 of the General Clauses Act.

What did the court decide?

Petitioner permitted to re-submit application by 13.2.2018 for acceptance within time.

Kandarpa Kr. Das Vs the State of Assam and Ors. — Service and Employment | Gauhati HC (2018)

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Page No.# 1/2

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GAHC010024182018

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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) 662/2018

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1:KANDARPA KR. DAS S/O SARAT CH. DAS R/O VILL- EAST AMOLAPATTY SHIVNAGAR, P.O. ITACHALI, P.S. SADAR DIST. NAGAON, ASSAM, PIN - 782003.

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VERSUS

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1:THE STATE OF ASSAM AND ORS.

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REP. BY THE LR AND SECRETARY TO THE GOVT. OF ASSAM, JUDICIAL DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE REGISTRAR GENERAL GAUHATI HIGH COURT GUWAHATI -1.

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3:THE DISTRICT AND SESSIONS JUDGE MORIGAON DIST. MORIGAON ASSAM

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PIN - 782105

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4:THE CHIEF JUDICIAL MAGISTRATE MORIGAON DIST. MORIGOAN ASSAM PIN - 782105

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Advocate for the Petitioner : MR J C BORAH

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Page No.# 2/2

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE HRISHIKESH ROY O R D E R

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12.02.2018

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Mr. J.C. Borah, the learned Counsel appearing for the petitioner. The respondent No.1 is represented by Mr. D. Nath, the learned Addl. Sr. Government Advocate. The Registrar General and the concerned Judicial Officers (respondent Nos. 2 & 3) are represented by the learned Senior Counsel Mr. T.J. Mahanta.

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The matter pertains to the process of recruitment for the newly created four posts of Process Server (Jarikarak), in the establishment of the Chief Judicial Magistrate (CJM), Morigaon, for which the advertisement was issued on 11.1.2018 (Annexure-3). The applications were to be filed by the candidates during 17.1.2018 – 31.1.2018.

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The learned Counsel Mr. J.C. Borah submits that the last date for application i.e. 31.1.2018 was a govt. holiday and therefore, the offices were closed on that date. The Counsel accordingly relies on Section 10 of the General Clauses Act, 1897 and the judgment in Mohd. Ayub Vs. State of Uttar Pradesh through Principal Secretary reported in (2009) 17 SCC 70, to contend that when the prescribed period ends on a holiday, the applications must be accepted on the next working day. However though the petitioner tried to give his application on 1^st of February, 2018, the same was not accepted in the office of the CJM, Morigaon. The Counsel submits further that the process of selection has not yet commenced as is averred in the paragraph 8 of the petition.

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In view of the above position, the applicant is permitted to re-submit his application by tomorrow i.e. 13.2.2017. If the application is furnished tomorrow along with the copy of this order, the same should be accepted, as within time. This order is passed having regard to Section 10 of the General Clause and the ratio in Mohd. Ayub (supra).

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With the above order, the case stands allowed. No cost.

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JUDGE

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Comparing Assistant

Kandarpa Kr. Das v. the State of Assam and Ors.

Case brief

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Kandarpa Kr. Das v. the State of Assam and Ors.

Case brief

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