Disposed

Sivanga Pratim Sarma and 5 Ors. v. the State of Assam and 4 Ors.

Gauhati HC22 Jun 2022WA/294/2021

Case brief

AI extract

What is this about?

The Gauhati High Court closed a writ appeal challenging departmental recruitment of Assistant Engineers. The Court accepted the State's statement that recruitment would proceed through the Assam Public Service Commission, rendering the challenge moot.

What did the court decide?

The writ appeal was closed on the basis of the State's undertaking to use the Public Service Commission.

Sivanga Pratim Sarma and 5 Ors. Vs the State of Assam… — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010176902021

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

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Case No. : WA/294/2021

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SIVANGA PRATIM SARMA AND 5 ORS.

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S/O DHRUBA JYOTI SARMA, RESIDENT OF SILPUKHURI, NABAGRAHA ROAD, GUWAHATI , 781003, KAMRUP (M) ASSAM

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2: SAYED SADULLA AHMED SON OF LATE RUSTOM ALI RESIDENT OF VILLAGE DUTTAKUCHI P.O. DABALIAPARA DISTRICT BARPETA ASSAM PIN 781316 ASSAM

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3: SATYABRAT DUTTA SON OF BHABEN DUTTA RESIDENT OF VILLAGE-DICIAL GAON P.O- DHULIAPAR DISTRICT- SIVASAGAR PIN -785640 ASSAM.

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4: AMLAN DEORI SON OF PRAKASH DEORI RESIDENT OF H/N-1 ULUBARI KACHARI BASTI GUWAHATI KAMRUP (M) ASSAM781007.

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5: UTTAM GORAI SON OF BISWANATH GORAI RESIDENT OF PANDU JOYMOTI NAGAR PO PANDU PS JALUKBARI PIN 781012

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Page No.# 2/4

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6: DIP JYOTI SAIKIA SON OF RAJENDRA PRASAD SAIKIA RESIDENT OF VILLAGE AND P.O CHOTAHAIBOR GAON DISTRICT NAGAON ASSAM. PIN 782003

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI 781006.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI - 781006. 3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI 781006. 4:THE CHAIRPERSON STATE EXECUTIVE COMMITTEE OF THE STATE DISASTER MANAGEMENT AUTHORITY ASSAM OFFICE OF THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI 781006. 5:ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY JAWAHAR NAGAR KHANAPARA GUWAHATI-781022

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Advocate for the Petitioner : MR. U B SARMA Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE

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HON'BLE THE CHIEF JUSTICE(ACTING) HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 22-06-2022 [N. Kotiswar Singh, CJ (Acting)]

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Heard Mr. U. B. Sarma, learned counsel for the appellants. Also

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heard Mr. R. M. Das, learned standing counsel for the Water Resource Department.

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In this appeal, the appellants have challenged the order dated 16.09.2021 passed by the learned Single Judge in WP(C) No. 4634/2021 whereby the appellants have put to challenge the recruitment process initiated by the Department to make appointments to 63 posts of Assistant Engineer, Civil under the Water Resource Department, departmentally and not through the Assam Public Service Commission. The learned Single Judge did not pass any direction to make recruitment through the Assam Public Service Commission though certain observations were made on the basis of the submissions Advanced by the learned Additional Advocate General of the State for rectifying some of the procedures mentioned in the advertisement.

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Being aggrieved, the writ petitioners have filed the present appeal reiterating the plea that the recruitment to the aforesaid post should be made through the Assam Public Service Commission.

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Today Mr. R. M. Das, learned standing counsel appearing for the Water Resource Department has made a categorical statement that the Department is now proposing to fill up the vacant post of Assistant Engineer, Civil under the Water Resource Department through the Assam Public Service Commission and they will not make the recruitment departmentally any longer as was proposed to be done earlier which was challenged by the writ petitioners.

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In view of the submission made by the learned standing counsel, Water Resource Department, we are of the view that nothing survives for

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further consideration of this Court in this writ appeal inasmuch as if the stand of the Department is that they will make the recruitment through the Assam Public Service Commission, the claim in the writ petition would be virtually considered to be admitted, and as such the cause of action does not survive any longer.

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Accordingly, we close the writ appeal on the basis of the statement made by the learned standing counsel, Water Resource Department that the recruitment will be made through the Assam Public Service Commission and not the departmentally.

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In view of the above submissions made, the question of acting of the impugned advertisement No. WRD/E/01/2021 dated 19.07.2021 for appointment of 63 post of Assistant Engineer, Civil under the Water Resource Department does not arise. Consequently, since the Water Resource Department has decided to make the recruitment through the Assam Public Service Commission, even if the results have been declared vide notification No. WR(E)132/2018/88 dated 07.05.2022, the same cannot be given effect to.

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The Writ Appeal is accordingly closed.

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JUDGE CHIEF JUSTICE (ACTING)

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Comparing Assistant

Sivanga Pratim Sarma and 5 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sivanga Pratim Sarma and 5 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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