Petitioner challenged recruitment for a Lower Division Assistant post contending superior marks but unselection despite others being appointed. Court held adjudication would be academic and interfere with settled rights of existing appointees.
Writ petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010015782014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5052/2014
SMT KRISHNA BORA
W/O SRI LEKHON CH. DUTTA, R/O TELIA GOAN, P.O. JAPISAGIA, P.S. LAKHIMPUR, DIST- LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REP. BY THE COMMISSIONER AND SECY. TO THE CO-OPERATION DEPTT. GOVT. OF ASSAM, DISPUR, GHY-6
Advocate for the Petitioner : MR.A GANGULY
Advocate for the Respondent : SC, CO-OP.
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 01-12-2021
Heard Shri A Ganguly, learned counsel for the petitioner, who has filed this petition under Article 226 of the Constitution of India pertaining to a recruitment process for filling up of four numbers of Lower Division Assistant (Junior Assistant) in the office of the District Deputy Registrar of Cooperative Societies, Lakhimpur.
Page No.# 2/2
2. It is the case of the petitioner that though respondent nos. 4, 5, 6 and 7 were selected and appointed, the petitioner has been unduly left out and the marks secured by her was more than those of the private respondents. It is further contended that the authorities have themselves admitted about certain anomalies in the marks given.
3. Per contra, Shri SK Talukdar, learned Standing Counsel, Cooperation Department, Assam submits that the projected case of the petitioner is fallacious both in facts and in law. He, however, submits that even assuming that the projection made to be correct and marks are added to the total marks obtained by the petitioner, then also, the petitioner would be below the marks obtained by the last candidate who had been selected. The learned Standing Counsel further submits that since 2014, the private respondents are serving and any interference made at this stage will unsettle the settled position and in the meantime, the private respondents have accrued certain rights for continuance in the post.
4. After considering the rival submissions, this Court is of the view that no fruitful purpose would be served by entering into the merits of the dispute and considering the fact that the adjudication would only be an academic one, this Court is of the opinion that no interference be made in this writ petition.
5. Accordingly, the writ petition is dismissed. No costs.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ court should interfere in the selection and appointment process for the Lower Division Assistant post despite alleged anomalies in marks and superior candidature of the petitioner?
Whether the interference at this stage would unsettle the settled position and impair the accrued rights of previously selected candidates?
1 provisions across 1 enactments
Smt Krishna Bora
The State of Assam
Commissioner and Secy. to the Co-Operation Deptt. Govt. of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
