Disposed

Lakhinath Das v. the State of Assam and 4 Ors.

Gauhati HC19 Sept 2022WP(C)/3350/2021

Case brief

AI extract

What is this about?

Petitioner challenged eligibility criteria for peon appointment reservation. Court refused to adjudicate merits, granting liberty to the Chief Judicial Magistrate to conclude the pending inquiry and notify parties before passing orders.

What did the court decide?

liberty granted to the Chief Judicial Magistrate to conclude the enquiry after hearing parties; liberty to approach the Court again if aggrieved.

Lakhinath Das Vs the State of Assam and 4 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010089312021

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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)/3350/2021

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LAKHINATH DAS S/O- LT. CHANDRA DAS, R/O- VILL- RANGALI BAHAR, P.O. BHAKATIDUAR, DIST.- MAJULI, ASSAM, PIN- 785110

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VERSUS

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THE STATE OF ASSAM AND 4 ORS. REP. BY THE LEGAL REMEMBRANCER AND SECY. TO THE GOVT. OF ASSAM, JUDICIAL DEPTT., E BLOCK, 2ND FLOOR, ASSAM SECRETARIAT, DISPUR AND GHY-06

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2:THE CHIEF JUDICIAL MAGISTRATE JORHAT DIST.- JORHAT ASSAM PIN- 785001 3:THE SUB DIVISIONAL JUDICIAL MAGISTRATE TITABOR S.D.O BUILDING TITABOR DIST.- JORHAT PIN- 785632

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4:SANJAY KUMAR DAS S/O- LT. DILIP KUMAR DAS R/O- MILAN NAGAR WARD NO.5 TITABOR P.O. TITABOR DIST.- JORHAT PIN- 785630

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Page No.# 2/4

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5:BAIKUNTHA DAS S/O- JITEN CHANDRA DAS R/O- NA PAMUWA GAON P.O. BOR AHOM KHATONI P.S. PULIBOR DIST.- JORHAT PIN- 78500

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Advocate for the Petitioner : MR. P MAHANTA

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Advocate for the Respondent : SR. GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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19.09.2022

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Heard Mr. P. Mahanta, learned counsel for the petitioner. Also heard Mr. U.K. Nair, learned Standing Counsel, Gauhati High Court, assisted by Mr. A. Chakraborty, learned counsel for the respondent nos. 2 and 3 as well as Mr. S.D. Roy, learned counsel for the respondent no. 4. There is no representation on behalf of the respondent nos. 1 and 5.

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At the outset, the learned Senior Counsel for the respondent nos. 2 and 3 has submitted that as per the advertisement dated 03.07.2020 (Annexure-1), the prescribed eligibility criteria was “A candidate who has passed class-VIII but has not passed class-XII. Candidates who have passed ClassXII are ineligible to apply.”

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It is further submitted that pursuant to the complaint made by the petitioner, the learned Chief Judicial Magistrate, Jorhat had initiated an enquiry.

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Page No.# 3/4

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However, before the enquiry could be concluded, this writ petition was filed and therefore, the enquiry initiated by the learned Chief Judicial Magistrate, Jorhat could not be brought to its logical conclusion. Hence, it is submitted that in the event the enquiry is allowed to be concluded by this Court, the correct position would emerge.

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Learned counsel for the petitioner has no objection to the submission made by the learned Senior Counsel for the respondent nos. 2 and 3 for allowing the learned Chief Judicial Magistrate, Jorhat to conclude the enquiry.

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The learned counsel for the respondent no. 4 has prayed for some more time to make his argument.

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It is seen that the grievance which has been raised in this writ petition revolves around the eligibility of the candidates for appointment to the post of peon in the establishment of the learned Chief Judicial Magistrate, Jorhat. Taking into consideration that the petitioner has submitted his representation before the learned Chief Judicial Magistrate, Jorhat, which was followed by his letter dated 12.03.2021, the Court is of the considered opinion that it would serve the ends of justice if the enquiry conducted by the learned Chief Judicial Magistrate, Jorhat be brought to its logical conclusion.

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Accordingly, without expressing any opinion on merit, this Court is inclined to close this writ petition by granting liberty to the learned Chief Judicial Magistrate, Jorhat to conclude its enquiry based on the complaint made by the petitioner dated 25.01.2021 and the follow up letter dated 12.03.2021. In the said regard, it is provided that the learned Chief Judicial Magistrate, Jorhat shall allow the petitioner as well as respondent nos. 4 and 5 an opportunity of being

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Page No.# 4/4

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heard and thereafter pass appropriate order in accordance with law.

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In the event the petitioner is still aggrieved, he shall have the liberty to approach the Court again.

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The learned counsel for the respondent no. 4 has submitted that affidavit-in-opposition has been filed today. The Registry shall tag the same with the record.

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This writ petition stands disposed of.

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The petitioner shall produce a certified copy of this order before the learned Chief Judicial Magistrate, Jorhat.

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JUDGE

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Comparing Assistant

Lakhinath Das v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Lakhinath Das v. the State of Assam and 4 Ors.

Case brief

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