Writ petition challenging eligibility for preferential government job appointment under the Assam Public Services (Preferential Appointment) Rules, 1999 as the nephew of a deceased associate of the Assam Movement.
Petitioner declared ineligible for preferential appointment; writ petition dismissed.
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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GAHC010110202022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3949/2022
DEBASISH DAS S/O SRI SURENDRA NATH DAS, P/R/A RUKMINIGAON BISHNUPATH, GUWAHATI-22, P.O.-KHANAPARA, DIST-KAMRUP(M), ASSAM, P/R/O STATION ROAD, WARD NO. 4, UDALGURI, P.O., P.S. AND DIST-UDALGURI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006, DIST-KAMRUP(M), ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECRETARIAT ADMINISTRATION DEPARTMENT DISPUR GUWAHATI-781006 DIST-KAMRUP(M) ASSA
Advocate for the Petitioner : MR. N ZAMAN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
15.06.2022
Heard Mr. A. Ganguly, learned counsel for the petitioner, who submits that the petitioner is the nephew of Late Munin Das, who died
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issueless during his participation in the Assam Movement. He accordingly prays for being given preferential appointment to a Government job, in terms of the Assam Public Services (Preferential Appointment) Rules, 1999, hereinafter referred to as the ‘1999 Rules’.
“2(a) Affected Candidate” means a candidate who is a member of the family of a martyr or a member of a family of a person who has been rendered physically disabled and possess a certificate to that effect issued by the Deputy Commissioner of the respective District in such form as specified in the Schedule to these rules”.
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2(d) Member of Family” means a son or daughter of the spouse or a brother or sister of a martyr or a physically disabled person ”
A perusal of the above two provisions clearly shows that the petitioner is not eligible to be considered for appointment as per the 1999 Rules.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, being the nephew of a deceased Assam Movement participant, falls within the definition of a family member eligible for preferential appointment under the 1999 Rules.
1 provisions across 1 enactments
Debashish Das
State of Assam
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
