This writ petition challenged the cancellation of a Junior Assistant selection process. The court found irregularities in the advertisement and storage of scripts but upheld the cancellation on records, dismissing the petition.
Writ petition dismissed; selection process cancelled and post to be filled via re-advertisement.
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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GAHC010028402017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3806/2017
JITEN SAIKIA
S/O- SRI PUTUL SAIKIA, R/O- VILL- KSHETRIGAON, P.S- JAJORI, P.OCHAKALAGHAT, PIN- 782142, DIST- NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM and 5 ORS. REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, EDUCATIONSECONDARY DEPTT., DISPUR, GUWAHATI, PIN- 781006, KAMRUP METROPOLITAN DIST, ASSAM
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIAPARA GUWAHATI PIN- 781019 KAMRUP METROPOLITAN DIST ASSAM 3:THE INSPECTOR OF SCHOOLS NAGAON DISTRICT CIRCLE P.O- NAGAON PIN- 782001 DIST- NAGAON ASSAM
4:THE HEAD MASTER/ MEMBER SECRETARY PUB NONOI MADHAB KANDOLI HIGH SCHOOL NAGAON P.O- NONOI PIN- 782101 DIST- NAGAON
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ASSAM
5:THE SCHOOL SELECTION COMMITTEE PUB NONOI MADHAB KANDOLI HIGH SCHOOL NAGAON P.O- NONOI PIN- 782101 DIST- NAGAON ASSAM REP. BY THE PRESIDENT SCHOOL MANAGEMENT AND DEVELOPMENT COMMITTEE 6:THE SUPERVISING OFFICER CUM PRINCIPAL INCHARGE KAMALA NEHRU GIRLS HIGHER SECONDARY SCHOOL NONOI P.O- NONOI PIN- 782101 DIST- NAGAON ASSA
Advocate for the Petitioner : MR.N J CHOUDHURY
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 17.03.2023
Heard Mr. U.K. Nair, learned senior counsel, assisted by Mr. M. Mahanta, learned counsel for the petitioner and Mr. R. Mazumdar, learned counsel for the respondents.
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post of Junior Assistant/ Lower Division Assistant at Pub Nonoi Madhab Kandoli High School, Nagaon, and for a direction to the respondent no.3 to bring the process of selection to its logical conclusion.
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counsel for the petitioner has raised doubt in the correctness of the reasoning given in the impugned order because of failure of the Secondary Education Department to produce the records even after 5 long years and despite several orders passed by this Court for production of records. In this regard, the learned standing counsel for the petitioner had submitted that when the matter was last listed on 10.03.2023, he had received a whatsapp message from the competent authority, informing him to the effect that the relevant records was send by the Headmaster of the School to the Office of the Inspector of Schools, Nagaon District Circle and accordingly, the said records was forwarded to the then standing counsel for the Secondary Education Department vide forwarding letter dated 02.05.2018. However, it has been submitted that despite his effort, hands could not be laid on the said records. Therefore, with the consent of both sides, the matter has been heard in the absence of the records.
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School (respondent no. 4) to store the answer scripts at the Police Station. Moreover, despite the statement by the Supervisor that on the next date when the sealed envelope was opened in presence of four committee members, no anomaly was found, proceeded to cancel the process. In the said context, it was further submitted that the complaint was signed by 8 (eight) candidates, out of which four candidates had not even appeared in the written tests, and out of the remaining four candidates, two candidates did not appear in the computer test and type writing test. Thus, it was submitted that 6 (six) out of 8 (eight) candidates could not have made any complaint and that out of the two appearing candidates, the petitioner was selected.
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that no candidate was allowed in the typing test without Diploma in computer knowledge and type-writing and it was also admitted that the answer script was not kept in the police station as there was no almirah in the police station and he had also stated that one candidate had forcefully offered him bribe of Rs.1,20,000/-, he had returned the amount.
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through re-advertisement.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the cancellation of the selection process for the post of Junior Assistant by the Inspector of Schools was arbitrary or illegal.
Whether the petitioner is entitled to the affirmation of his selection despite alleged procedural irregularities in storing answer scripts and advertising requirements.
1 provisions across 1 enactments
Jiten Saikia
The State of Assam
The Inspector of Schools Nagaon District Circle
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
