The Gauhati High Court disposed of two linked writ petitions as infructuous. The court observed that after the petitioners were allowed to participate in the selection process, results declared them unsuccessful. No adjudication was required.
Writ petitions disposed of as infructuous; interim order vacated.
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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GAHC010137342023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3647/2023
LAKHYA DHAR BHARALI AND 2 ORS. SON OF SRI MANOHAR BHARALI, RESIDENT OF NO. 2 MATHGHARIA, NOONMATI, PIN- 781020, ASSAM.
2: ARSIDA YASMIN HOQUE DAUGHTER OF AINUL HOQUE
RESIDENT OF SANKAR AJAN PATH
BHETAPARA ROAD HATIGAON
GUWAHATI- 781038.
3: DHARITREE BORO DAUGHTER OF LATE MAYA RAM BORO
RESIDENT OF VILLAGE- MADHUKUCHI
P.O.- MADHUKUCHI
DISTRICT- KAMRUP(R) PIN- 781354 ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PERSONNEL (A) DEPARTMENT, DISPUR, GUWAHATI-6.
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2:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN
JAWAHARNAGAR KHANAPARA
GUWAHATI-22. 3:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA
GUWAHATI-22. 4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22
Advocate for the Petitioner : MR H K DAS
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/3806/2023
SAMADRITA GOSWAMI D/O- DHIRENDRA NATH GOSWAMI R/O- C/O- SURAJIT BORA VILL.- DULIAGAON MISSAMARA DIST. GOLAGHAT ASSAM PIN- 785618.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
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GOVERNMENT OF ASSAM PERSONNEL (A) DEPARTMENT DISPUR GUWAHATI PIN- 781006. 2:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN JAWAHAR NAGAR KHANAPARA GUWAHATI PIN- 781022. 3:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR KHANAPARA GUWAHATI PIN- 781022. 4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR KHANAPARA GUWAHATI PIN- 781022. -----------Advocate for : MR B CHOUDHURY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
10.01.2024
Heard Mr. H. K. Das, learned counsel for the writ petitioners in WP(C)
No.3647/2023 and Mr. K. P. Pathak, learned counsel for the writ petitioner in WP(C) No.3806/2023, who submit that although the petitioners were allowed to
participate in the selection process, when the results were declared they
emerged as unsuccessful candidates. As such, nothing survives for adjudication
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in these writ petitions.
Mr. P. P. Dutta, learned Standing Counsel, APSC and Mr. D. Borah, learned Government Advocate, Assam appearing for the official respondents have also confirmed the said position.
As such, both the writ petitions stand disposed of as infructuous.
Interim order passed earlier shall stand vacated.
JUDGE
Comparing Assistant
Lakhya Dhar Bharali
Arsida Yasmin Hoque
Dharitree Boro
The State of Assam
The Assam Public Service Commission
Samadrita Goswami
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
