The Gauhati Court dismissed a writ petition challenging the disqualification of the petitioner in the Assam Police recruitment due to alleged submission of fake Computer Efficiency Certificates, refusing interference despite claims of irregularities.
The writ petition was dismissed at the motion stage without issuance of notice to the respondents.
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.
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GAHC010092452022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3174/2022
PANKAJ DAS
S/O. LT. SANKAR DAS, R/O. CHARKASHARIPARA, FULERCHAR PT 3, P.O. FULERCHAR, P.S. SUKCHAR, SOUTH SALMARA MANKACHAR, ASSAM.
VERSUS
THE STATE OF ASSAM AND 4 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME AND POLITICAL, DISPUR, GUWAHATI-06, ASSAM.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM DEPTT. OF HOME AND POLITICAL DISPUR GUWAHATI-06 ASSAM.
3:PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME (A) DEPTT. DISPUR ASSAM.
ASSAM ULUBARI GUWAHATI-06 ASSAM.
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STATE LEVEL POLICE RECRUITMENT BOARD ASSAM ULUBARI GUWAHATI-07
Advocate for the Petitioner : MR. P P DAS
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 19-05-2022
Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. D. Nath, learned senior Govt. Advocate for the respondents.
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the documents submitted by the petitioner were verified and accepted to be correct and only thereafter the petitioner was permitted to participate in the recruitment process. It is submitted that after the results were declared in the official website on 12.05.2022, the petitioner had made an attempt to access his mark-sheet on the official website, but was not granted access to his mark-sheet in respect of the Combined Written Examination.
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candidates and as per the enquiry reports received from the District Superintendents of Police, 414 candidates had allegedly submitted fake “Computer Efficiency Certificates”. Accordingly, the candidature of 414 candidates have been disqualified and FIR was lodged at CID Headquarter which was registered as CID P.S. case No.5/2022 under section 120B, 420, 468 and 471 IPC.
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prima facie fake. Such action of the State is found to be in consonance with Clause 11 of the employment advertisement dated 25.04.2018.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner's candidature should be reinstated despite disqualification for submitting fake documents.
Whether the State is bound by principles of estoppel to prevent investigation after initial document verification.
Whether the courts should interfere with the recruitment board's decision declaring the petitioner disqualified.
2 provisions across 2 enactments
Pankaj Das
The State of Assam
Commissioner and Secy. to the Govt. of Assam
Principal Secretary to the Govt. of Assam
Director General of Police Assam
State Level Police Recruitment Board Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
