Khagen Borah v. the State of Assam and 3 Ors.
Case brief
What is this about?
The Gauhati High Court disposed of three linked writ petitions where petitioners, claiming status as 'Affected Candidates' related to the Assam Movement, sought emergency employment. The court dismissed the petitions, holding that a general direction for employment is mis-conceived, requiring strict compliance with application rules, merit range, and departmental certificates.
What the court decided
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GAHC010052712019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/968/2017
NARAYAN BORAH Address:S/O SHRI BIMAL BORAH R/O SIL ALI MAJ GAON P.O. JAMUGURI PANCH ALI P.S. DHEMAJI DIST- DHEMAJI PIN-787057 ASSAM VERSUS THE STATE OF ASSAM and 3 ORS. Address:REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6 2:THE SECY. TO THE GOVT. OF ASSAM Address:IMPLEMENTATION OF ASSAM ACCORD DEPTT. DISPUR GHY-6 3:THE DY. COMMISSIONER Address:DHEMAJI DISTI- DHEMAJI ASSAM PIN-784509 4:THE CIRCLE OFFICER Address:DEMAJI REVENUE CIRCLE DHEMAJI DISTI- DHEMAJI ASSAM PIN-784509 -----------Advocate for : MSG BORA
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Advocate for : appearing for THE STATE OF ASSAM and 3 ORS.: Advocate , , , appearing for 2, 3, 4, respectively. Linked Case : WP(C)/963/2017 DIBYA JYOTI HAZARIKA Address:S/O LT. DURNA HAZARIKA @ SUNADHAR HAZARIKA R/O SIL ALI MAJ GAON P.O. JAMUGURI PANCH ALI PS. and DIST- DHEMAJI PIN-787057 ASSAM VERSUS THE STATE OF ASSAM and 3 ORS. Address:REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6 2:THE SECRETARY TO THE GOVT. OF ASSAM Address:IMPLEMENTATION OF ASSAM ACCORD DEPTT. DISPUR GHY-6 3:THE DY. COMMISSIONER Address:DHEMAJI DIST- DHEMAJI ASSAM PIN-784509 4:THE CIRCLE OFFICER Address:DEMAJI REVENUE CIRLCE DHEMAJI DIST- DHEMAJI ASSAM PIN-784509 -----------Advocate for : MSG BORA Advocate for : appearing for THE STATE OF ASSAM and 3 ORS.: Advocate ,
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Issues for consideration
3 issues framed by the court
Whether a court can issue a blanket direction for employment in Government service independent of the specific preferential appointment criteria.
Whether the petitioners approach the Rules correctly by claiming preference without adhering to the detailed procedure regarding certificates and eligibility range.
Whether the prayer for expedited employment has a nexus with the scheme of the Assam Public Service (Preferential Appointment) Rules, 1999.
Parties & counsel
- petitioner
Narayana Borah
- petitioner
Dibya Jyoti Hazarica
- petitioner
Khagen Borah
- respondent
State of Assam
- respondent
Chief Secy. to the Govt. of Assam
- respondent
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · December
- Registered
- Case no.
- WP(C)/947/2017
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