Petitioners challenged recruitment for police constables based on a 2000 advertisement previously upheld in WP(C) No.720/2001. Hearing affidavit showing a fresh recruitment and dismissal of predecessors, the Gauhati High Court found no ground for interference.
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GAHC010193672011
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 727/2011
1:DEEPEN GOGOI and 74 ORS
S/O SRI MAHESWARI GOGOI, R/O VILL. BARGHUGULEM, P.O. RANGSALI, P.S.KHOWANG, DIST DIBRUGARH, ASSAM
VERSUS
1:THE STATE OF ASSAM AND ORS
REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6
Advocate for the Petitioner : MD.B ISLAM
Advocate for the Respondent : GA, ASSAM
B E F O R E
Hon’ble MR. JUSTICE N. KOTISWAR SINGH
O R D E R
Date : 08-11-2018
None appears for the petitioners.
Mr. D. Nath, learned Additional Senior Government Advocate appears for the State.
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the selection of constables pursuant to the advertisement dated 17.01.2000 and dismissed those petitions. Thereafter, another fresh recruitment process was initiated by issuing an advertisement on 21.08.2004. And as such it has been submitted by the learned counsel for the State that the present petition has become infructuous. It has been mentioned in Paragraph-13 of the said affidavit-in-opposition as follows:
“That, as regard to the statement made in paragraph No.11 of the writ petition, the deponent begs to state that a fresh advertisement dated 21-08-2004 was published inviting applications for filling up of vacancies of 5486 nos. of Constables. The advertisement was issued only after the Hon’ble High Court had passed the final Judgment & Order dated 24-05-2004 in WP (C) No. 720/2001 and 147 other writ petitions upholding the selection of Constables pursuant to the advertisement dated 17-01-2000 and dismissed all the writ petitions.
The WP (C) No.8637/2004 filed by All Assam Minority Youth Association was disposed of by the Hon’ble Gauhati High Court vide Judgment and Order dated 1512-2005 directing to deal with according to the Judgment and order dated 12-122005 passed in WP (C) 976/2005. In the order dated 12-12-2005 the Hon’ble High Court upheld the selection of Candidates in 10 (ten) Districts and set aside the selection of other 15 Districts.
The WP (C) No. 845/2005 filed by some unsuccessful Candidates was disposed of by the Hon’ble High Court vide order dated 25-02-2006 in terms of the Judgment and order dated 12-12-2005 passed in WP (C) No.976/2005.”
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basis of challenge in the earlier writ petitions, WP(C) No.720/2001 and other petitions. This Court in the aforesaid earlier petitions had upheld the selection made on the basis of the same advertisement dated 17.01.2000. Hence, this Court does not find any reason to interfere with the selection made based on the same advertisement dated 17.01.2000.
Accordingly, this writ petition is closed as infructuous.
Comparing Assistant
3 issues framed by the court
Whether the writ petition challenging recruitment based on an advertisement upheld in earlier judgments survives for further adjudication.
Whether the present petition can be treated as infructuous given the finality of earlier orders sustaining the same selection process.
Whether the court should interfere with the selection made based on the advertisement challenged in the petition.
Colour shows how this judgement treated each authority
WP(C) No.720/2001Followed¶18
All Assam Minority Youth AssociationDistinguished¶22
WP (C) No. 8637/2004
WP (C) 976/2005Referred¶22
WP (C) No. 845/2005Referred¶23
Deepen Gogoi and 74 Ors
The State of Assam
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
