Allowed

Ramen Baishya and 4 Ors. v. the State of Assam and 4 Ors.

Gauhati HC20 Jun 2022WP(C)/1338/2021

Case brief

AI extract

What is this about?

In a writ petition concerning a pending recruitment drive conducted via an outsourced agency, the Gauhati High Court directed the Forest Department to continue and complete the process through the recently constituted Central Recruitment Commission or issue a fresh advertisement, emphasizing the public interest in filling eight-year-old vacancies.

What did the court decide?

The writ petition is allowed; the recruitment process is to be carried forward to its logical end by the authorities, either through the 2016 advertisement or a fresh one via the constituted Commissio

Ramen Baishya and 4 Ors. Vs the State of… — Labour and Industrial Disputes | Gauhati HC (2022)

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GAHC010034472021

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

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Case No. : WP(C)/1338/2021

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RAMEN BAISHYA AND 4 ORS S/O. LT. DANDIRAM BAISHYA, VILL. MOROWA, P.O. MOROWA, P.S. NALBARI, DIST. NALBARI, ASSAM, PIN-781348.

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2: MASFIKUR RAHMAN S/O. AHED ALI R/O. VILL. DEHAR KALAKUCHI P.O. DEHAR KALAKUCHI P.S. MUKALMUA DIST. NALBARI ASSAM PIN-781310.

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3: NUR AMIN S/O. LT. JALALUDDIN CHOUDHURY VILL. PAHALONGPARA P.O. CHAMATA P.S. BELSOR DIST. NALBARI ASSAM PIN-781306.

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4: ASHIK AHMED S/O. AIZUDDIN AHMED R/O. VILL. HATIGAON SIJUBARI MIRZA GALIB PATH HOUSE NO.21 BYE LANE NO.1 P.O. HATIGAON P.S. HATIGAON DIST. KAMRUP (M) ASSAM PIN-781038.

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5: BIJU KUMAR DEKA S/O. GURUCHARAN DEKA VILL. KAJIPARA P.O. KAJIPARA P.S. NALBARI DIST. NALBARI ASSAM PIN-781341

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, ENVIRONMENT AND FORESTS DEPTT., DISPUR, GUWAHATI-06.

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2:THE SECRETARY TO THE GOVT. OF ASSAM ENVIRONMENT AND FORESTS DEPTT. DISPUR GUWAHATI-06.

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3:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST FORCE

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ASSAM PANJABARI GUWAHATI-781037. 4:THE ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (ADMN. AND VIG.)

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D/O. PRINCIPAL CHIEF CONSERVATOR OF ROREST AND HEAD OF FOREST FORCE ASSAM PANJABARI GUWAHATI-781037.

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5:THE COMMITTEE

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CONSTITUTED TO COMPLETE THE PROCESS OF RECRUITMENT TO THE POSTS OF JUNIOR ASSTT. (DIRECTORATE AND DIVISIONAL LEVELS) REP. BY ITS CHAIRMAN I.E. ADDL. PRINCIPAL CHIEF CONSERVATOR OF FOREST (AFFORESTATION) O/O. PRINCIPAL CHIEF CONSERVATOR OF FOREST HEAD OF THE FOREST FORCE ASSAM

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Advocate for the Petitioner : MR. J I BORBHUIYA

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Advocate for the Respondent : SC, FOREST

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BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

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O R D E R

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20.06.2022

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Heard Mr. JI Barbhuiya, learned counsel for the petitioners and Mr. RR Gogoi, learned counsel for the respondents in the Environment and Forest Department of the Government of Assam.

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An advertisement was issued dated 20.12.2016 by the Principal Chief Conservator of Forest and Head of Forest Force, Assam inviting applications for, amongst others, 84 numbers of posts of Junior Assistant in the Divisional Level and 67 numbers of posts of Junior Assistant in the Directorate Level, 525 numbers of posts of Forest Guards, 07 numbers of posts of Draftsman (GIS Expert), 25 numbers of posts of Surveyor (GIS Analysist), various posts of carpenter, electrician etc. The advertisement provides that it was issued in a circumstance where an earlier advertisement for the same purpose dated 23.07.2014 was cancelled.

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Without going to the other aspects, we have to understand that the advertisement for the aforementioned posts were a continuation of a recruitment process of the year 2014 which means the aforesaid posts in the Department had not been filled up for the last eight years. The advertisement was assailed on the ground that irregularities had taken place in the selection process, which was conducted by an outsourced third party namely M/s Bloom electronics Private Limited and accordingly WP(C) No. 4009/2017 and WP(C)

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No. 5613/2020 was instituted. During the pendency of the aforesaid writ petitions, by the communication dated 01.12.2020 of the Secretary to the Government of Assam in the Environment and Forest Department, it had been informed that in the meantime, the Cabinet had put a ban on the recruitment process being initiated through outsourced agencies and that there was a further direction that all recruitments are to be done through Universities approved by the Government. There is another communication dated 08.01.2021 from the Additional Principal Chief Conservator of Forests (AND and VIG) wherein also it had been provided that there is a direction to immediately commence a recruitment process for completing the recruitment process to the posts of Junior Assistant in the Directorate and Divisional Level as per Rules/Guidelines in this regard.

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It is stated that in furtherance of the communication dated 01.12.2020, a request had been made by a Company namely M/s Bloom Electronics Private Limited to be engaged to continue the process of recruitment. In the aforesaid circumstances, this writ petition was instituted on an apprehension that the results of the selection process to be conducted by an outsourced agency may be declared at any time. Accordingly, by the order dated 25.02.2021, there was an interim restrain on the respondents in the Forest Department not to declare the results. The matter did not progress further although the writ petition was listed on 03.03.2021 and 10.06.2022, wherein adjournments were sought for on behalf of the Forest Department for providing necessary information.

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Today, when the matter is taken up, Mr. RR Gogoi, learned counsel for the respondents in the Forest Department has made a statement upon instruction that in the meantime, the authorities in the Forest Department had taken a decision to complete the recruitment process through the Gauhati University in

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conformity with the Cabinet Decision referred above. It is stated that however, there is some variance of views between the Forest Department of the Government of Assam and the Gauhati University regarding the manner in which the process is to be carried forward and completed.

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In this writ petition, we are not concerned as regards the variance of views between the Forest Department of the Government of Assam and the Gauhati University and it is for the two authorities to sort it out amongst themselves as to in what manner the recruitment process has to be conducted. However, we take note of the statement made by the Forest Department of the Government of Assam before the Court that the earlier recruitment process pursuant to the advertisement dated 20.12.2016 will not be further carried forward through a third party outsourced agency.

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In this respect, an affidavit has been filed by the Principal Chief Conservator of Forest and Head of Forest Force, Assam, wherein in paragraph-2 the following extracted has been provided:-

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“That the deponent begs to state that the recruitment to post of Junior Assistant in Directorate and Divisional Levels initiated during the year 2016 by an outside agency from Coimbatore M/s Bloom electronics Pvt Ltd is to be cancelled. The same was communicated to the Additional Advocate General, Assam vide letter dated 20.06.2022. Further, now that the govt. of Assam has already constituted a Central Recruitment Commission, all recruitments can be carried out through the new Commission.”

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In view of the above, let the recruitment process be carried forward and brought to its logical end by the authorities in the Environment and forest Department of the Government of Assam. We leave it to the wisdom of the authorities as to whether the process initiated by the advertisement dated 20.12.2016 is to be carried forward or the authorities will issue a fresh advertisement in view of the intervening circumstances that had taken place as

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indicated above.

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We are also concerned that the Department may be suffering as because of this aforesaid anomaly, the recruitment process could not be completed since the year 2014 and in the meantime eight years have gone by. Accordingly, we also expect that if the Forest Department is of the view that the Department requires the additional workforce for its administrative efficiency for which the earlier advertisements were issued, the same, at the same time, ought to be completed at the earliest so that the public interest is served.

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The writ petition is allowed to the extent as indicated above. Let a copy of the affidavit by the Principal Chief Conservator of Forest be kept on record.

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JUDGE

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Comparing Assistant

Ramen Baishya and 4 Ors. v. the State of Assam and 4 Ors.

Case brief

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Ramen Baishya and 4 Ors. v. the State of Assam and 4 Ors.

Case brief

What is this about?

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