Disposed

Jahangir Alom and 3 Ors. v. the State of Assam and 5 Ors.

Gauhati HC11 Dec 2023WP(C)/5332/2023

Case brief

AI extract

What is this about?

Petitioners challenging non-issuance of appointment orders after selection. Court held authorities cannot refuse appointment without strong reasons cancelling selection. Petition disposed with direction to examine representations within 45 days and communicate outcome.

What did the court decide?

Direction to examine petitioners' representations and take appropriate steps within 45 days, communicating the outcome in writing.

Jahangir Alom and 3 Ors. Vs the State of Assam and 5… — Service and Employment | Gauhati HC (2023)

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Page No.# 1/4

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GAHC010197492023

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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)/5332/2023

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JAHANGIR ALOM AND 3 ORS

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S/O- SAHIDUR RAHMAN, VILLAGE AND P.O. DAFARPUR, P.S. TAMARHAT, DISTRICT- DHUBRI, ASSAM, PIN- 783334

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2: SHAHRUKH AHMED S/O- JAHAN UDDIN AHMED R/O- BILASHIPARA WARD NO.2 SURJYAKHATA P.O. AND P.S. BILASHIPARA DISTRICT- DHUBRI ASSAM PIN- 783348 3: HUSSAIN MOHAMMAD RAMEEZ RAJA S/O- AFZAL HUSSAIN VILLAGE- JHAGRAPAR PART-III P.O. JHAGRARPAR P.S. DHUBRI DISTRICT- DHUBRI ASSAM PIN- 783325 4: MIRZA SUMSUDDIN S/O- ABDUL BAREQUE VILL- BIDYAPARA PART-II P.O. KHALILPUR P.S. DHUBRI DISTRICT- DHUBRI ASSAM PIN- 78332 VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PHE DEPARTMENT, DISPUR, GUWAHATI-06

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2:THE CHIEF ENGINEER PHE (PRIMARY HEALTH ENGINEERING) DEPARTMENT HENGRABARI DISTRICT- KAMRUP (M) ASSAM GUWAHATI- 36 3:THE EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301

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4:THE SELECTION COMMITTEE CONSTITUTED FOR THE PURPOSE OF TECHNICAL OFFICER-I AND TECHNICAL OFFICER-II IN PURSUANCE OF ADVERTISEMENT NO. PHEE/DBB/JJM/TC-203/2023-24 UNDER DHUBRI PHE DIVISION REPRESENTED BY ITS MEMBER SECRETARY-CUM-EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION GTB ROAD P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301

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5:THE INTERVIEW BOARD

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CONSTITUTED FOR TAKING VIVA-VOCE FOR THE POSTS OF TECHNICAL OFFICER-I (T.O.-I) AND TECHNICAL OFFICER-II UNDER PHE DHUBRI DIVISION DHUBRI IN PURSUANCE OF ADVERTISEMENT NO. PHEE/DBB/JJM/TC203/2023-24 UNDER DHUBRI PHE DIVISION REPRESENTED BY ITS MEMBER SECRETARY-CUM-EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION GTB ROAD P.O. AND P.S. DHUBRI DIST.- DHUBRI ASSAM PIN- 783301 6:THE DEPUTY COMMISSIONER DHUBRI P.O. AND P.S. DHUBRI DIST.- DHUBRI

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Page No.# 3/4

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ASSAM PIN- 78330

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Advocate for the Petitioner : MR. M A SHEIKH

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 11/12/2023

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Heard Mr. M.A. Sheikh, learned counsel for the writ petitioners. Also heard Mr. R.R. Gogoi, learned Standing Counsel, PHE Department, Assam as well as Mr. D. Bora, learned Government Advocate, Assam, appearing for the official respondents.

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The 4 (four) writ petitioners herein took part in the selection process for recruitment in the post of Technical Officer (TO-I) under the Dhubri PHE Division. After the conclusion of the selection process, a select list was prepared and published on 09/06/2023 recommending the name of 5 (five) candidates for appointment in the posts of TO-I. The names of the writ petitioners also find place in the list of the five selected candidates prepared in order of merit. The petitioners were expecting orders of appointments, to be issued by the authorities in their favour. However, when no such step was taken, the petitioners had submitted representation before the Executive Engineer, PHE Department, Dhubri, ventilating their grievance in the matter. Since the said representation has also failed to evoke any response, the petitioners have been compelled to approach this court by filing the instant writ petition.

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Mr. Gogoi, learned Standing Counsel, PHE, submits that the petitioners are amongst the five selected candidates but after the publication of the select list, some complaints were received from the participants with a request to conduct re-interview. At that stage, this writ petition came to be instituted, as a result of which, the entire matter has been put to a halt.

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If the petitioners are amongst the five selected candidates, than it is obvious that they would entertain a legitimate expectation to be appointed in the post for which they have been selected.

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Having conducted the selection process, the authorities cannot refuse to issue the order of appointment unless the selection process itself is cancelled for reasons, which are very strong and compelling and can be established on the face of the records. No such reason has been cited before this Court during the course of the hearing of the case nor is there any decision to cancel the selection process.

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In view of the above, I dispose of the writ petition with a direction upon the respondents to examine the representation submitted by the petitioners. Upon such examination, appropriate step be taken in the matter, as may be found fit and proper, in the facts and circumstances of the case.

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The aforesaid process be completed within 45 days from the date of receipt of a certified copy of this order.

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Whatever be the outcome of the process, the same be communicated to the petitioners in writing.

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If the petitioners continue to remain aggrieved even thereafter, they would be at liberty to approach this Court once again.

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With the above observation, the writ petition stands disposed of.

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JUDGE

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sukhamay

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Comparing Assistant

Jahangir Alom and 3 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Jahangir Alom and 3 Ors. v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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