Disposed

Nihar Jyoti Nath v. the State of Assam and 4 Ors.

Gauhati HC17 Dec 2021I.A.(Civil)/2042/2021

Case brief

AI extract

What is this about?

This interlocutory application sought a correction regarding the designation of the committee empowered to consider vacancies in a recruitment case. The Court clarified that the State Level Committee must consider specific qualifications and dates.

What did the court decide?

Clarified that the State Level Committee must consider the petitioner's qualifications; application disposed of.

Nihar Jyoti Nath Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010199912021

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

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Case No. : I.A.(Civil)/2042/2021

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NIHAR JYOTI NATH

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S/O- LATE PUTUL NATH, VILL- PAIKENTARA, P.O- BAGHMARI, DISTDHUBRI, ASSAM, PIN- 783345

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VERSUS

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THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY -06.

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2:THE BODOLAND TERRITORIAL COUNCIL KOKRAJHAR DIST- KOKRAJHAR ASSAMREPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN- 783370 3:THE DEPUTY COMMISSIONER KOKRAJHAR DIST- KOKRAJHAR ASSAM PIN- 783370 4:THE EXECUTIVE ENGINEER KOKRAJHAR MECHANICAL DIVISIONIRRIGATION KOKRAJHAR DIST- KOKRAJHAR ASSAM PIN- 783370 5:SRI PRASHEN SHIL

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Page No.# 2/4

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S/O- LATE SUKUMAR SHIL VILL- DAOBHANGI P.O- RUPSHI P.S- GAURIPUR DIST- DHUBRI ASSAM PIN- 78333

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Advocate for the Petitioner : S. CHAKRABORTY

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Advocate for the Respondent : P J PHUKAN

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Linked Case : WP(C)/2365/2017

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PRASHEN SHIL S/O- LATE SUKUMAR SHIL VILL- DAOBHANGI P.O- RUPSHI P.S- GAURIPUR DIST- DHUBRI ASSAM PIN- 783331

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VERSUS THE STATE OF ASSAM and 4 ORS. THROUGH THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI-781006 2:THE BODOLAND TERRITORIAL COUNCIL KOKRAJHAR DIST- KOKRAJHAR ASSAMREPRESENTED BY THE PRINCIPAL SECRETARY BTC KOKRAJHAR ASSAM PIN- 783370 3:THE DEPUTY COMMISSIONER KOKRAJHAR DIST- KOKRAJHAR

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ASSAM PIN- 783370 4:THE EXECUTIVE ENGINEER KOKRAJHAR MECHANICAL DIVISIONIRRIGATION KOKRAJHAR DIST- KOKRAJHAR ASSAM PIN- 783370 5:NIHAR JYOTI NATH S/O- LATE PUTUL NATH VILL- PAIKENTARA P.O- BAGHMARI DIST- DHUBRI ASSAM PIN- 783345 -----------Advocate for : MR.H BARUAH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 4 ORS.

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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17-12-2021

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Heard Shri S. Chakraborty, learned counsel for the applicant. Also heard Shri P.J. Phukan, learned counsel for the opposite party / writ petitioner and Ms. R.B. Bora, learned Standing Counsel for the B.T.C.

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By this application, a typographical error has been sought to be corrected in the order dated 29.09.2021 passed in the connected Writ Petition 2365/2017 by which the same was disposed of.

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In the said order, the cases of both the applicant and the writ petitioner were remanded for consideration to the State Level Committee which however was inadvertently written as District Level Committee. It is submitted that since the consideration would be by the State Level Committee, the said correction may be done in the interest of justice.

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Page No.# 4/4

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Shri P.J. Phukan, learned counsel for the opposite party / writ petitioner fairly submits that he would not object in principle to the prayer made. However, he submits that his qualification as BA and the correct date of expiry of his father be taken into consideration.

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Though the I.A. has been filed at the instance of the applicant and not by the writ petitioner, it is not incumbent upon this Court to accept the said submission as the writ petition was already disposed of.

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In the interest of justice, it is made clear that the qualification of the writ petitioner and the date of expiry of his father may be taken into consideration by the State Level Committee while considering the cases of both the applicant and the writ petitioner.

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The said observations has been made on the basis of the instructions already recorded in the earlier order dated 29.09.2021 whereby it has been stated that three numbers of vacancies exist.

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The Interlocutory Application accordingly stands disposed of.

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JUDGE

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Comparing Assistant

Nihar Jyoti Nath v. the State of Assam and 4 Ors.

Case brief

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Nihar Jyoti Nath v. the State of Assam and 4 Ors.

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