In a writ petition challenging rejection of candidature for U.B and A.B Constable post due to alleged fake certificate, the High Court allowed the petitioner to withdraw the petition with liberty to file afresh.
Prayer to withdraw writ petition with liberty to file afresh is allowed. Writ petition dismissed on withdrawal.
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GAHC010093312022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3205/2022
RAFIKUL HUSSAIN
S/O. GOLAP HUSSAIN, VILL. ROUMARI GAON, P.O. ROUMARI PATHAR, P.S. TARABARI, DIST. BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, GUWAHATI-06.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-07.
3:THE ADDL. DIRECTOR GENERAL OF POLICE (TAP)
ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-07.
4:THE INSPECTOR GENERAL OF POLICE (ADMN.)
ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-07.
5:THE STATE LEVEL POLICE RECRUITMENT BOARD
ASSAM
REP. BY ITS CHAIRMAN
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REHABARI
GUWAHATI-08.
6:THE DISTRICT LEVEL POLICE RECRUITMENT BOARD
BARPETA
REP. BY ITS CHAIRMAN CUM SUPDT. OF POLICE BARPETA ASSAM
Advocate for the Petitioner : MR. P RAHMAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 06.06.2022
Heard Mr. P. Rahman, learned counsel for the petitioner, who submits that the petitioner’s candidature for the post of U.B and A.B Constable has been rejected on the ground that the petitioner had submitted a fake certificate, without the respondent’s clarifying as to what certificate was fake and the reason for the same being fake.
Mr. S. S. Roy, learned counsel for the State respondent submits that the computer efficiency certificate submitted by the petitioner was obtained from a bogus and nonfunctional Institute and as such, CID HQ P.S. Case no. 5/2022 under section 120B/420/468/471 IPC has been registered. He submits that the investigation is being carried out at the moment and no final report has been made by the police as on date.
Mr. P. Rahman, learned counsel for the petitioner at this stage prays that he may be allowed to withdraw the writ petition with liberty to file afresh.
Prayer is allowed.
The writ petition is dismissed on withdrawal, with liberty as prayed for.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner's writ petition against rejection of candidature for the post of U.B and A.B Constable can be withdrawn with liberty to file afresh.
RAFIKUL HUSSAIN
THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, GUWAHATI-06
MICHAEL ZOTHANKHUMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
