Disposed

Nazrul Islam and 29 Ors. v. the State of Assam

Gauhati HC1 May 2024WP(C)/730/2018

Case brief

AI extract

What is this about?

The court affirmed that while the conversion of women constables was valid for public interest, the petitioners' right to fair consideration must not be denied. It ordered priority handling of eligible candidates after a decade-long delay.

What did the court decide?

Petitioners directed to submit fresh representation with this order; cases to be considered on priority basis.

Nazrul Islam and 29 Ors. Vs the State of Assam — Service and Employment | Gauhati HC (2024)

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GAHC010016492018

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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)/730/2018

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NAZRUL ISLAM AND 29 ORS S/O. LT. BILAT ALI, VILL. DUMUNICHOWKI, P.O. MARUACHOWKI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM

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2: HARMOHAN SAIKIA S/O. PRABIN SAIKIA VILL. SAIKIAPARA P.O. MENAPARA DIST. DARRANG ASSAM 3: JAGADISH DEKA S/O. HARA KANTA DEKA VILL. NIZ-DAHI P.O. DIGHIRPAR DIST. DARRANG ASSAM

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4: BIPUL CH. DAS S/O. LT. SADANANDA DAS VILL. BHEBARGHAT BANIAPARA NO.2 P.O. MANGALDOI DIST. DARRANG ASSAM

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5: NUR MAHAMMAD ALI

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LT. HAZI TURUB ALI VILL. NON K. GADHUA P.O. KANGALDOI DIST. DARRANG

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6: RAJIB KUMAR DEKA

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S/O. NITYANANDA DEKA VILL. DAKSCAKI P.O. DHULA DIST. DARRANG

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7: LABA KUMAR BARUA S/O. KAMI RAM BARUA VILL. TAMULIPARA P.O. DAHI NAGAON DIST. DARRANG

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8: ISLAM AHMED

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S/O. HABIBAR RAHMAN VILL. KANAICHUBA P.O. RAJGHAT DIST. DARRANG

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9: KISHOR PRASAD SARMAH

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S/O. UPENDRA PRASAD SARMAH VILL. KALJURI P.O. KHAIRABARI DIST. DARRANG

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10: ABDUL ZALIL

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S/O. LT. RAKAM ALI VILL. W/NO.7 MANGALDOI P.O. CHAPAI CHOWKA DIST. DARRANG

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11: MANORANJAN DEV SARMAH

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S/O. LT. KESHAB CH. SARMAH VILL. SARUTHEKERABARI P.O. AULAKHOWA DIST. DARRANG

12: BIRAS ALI

S/O. LT. MASER ALI

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VILL. NO.2 PUNIA P.O. NO.1 PUNIA DIST. DARRANG

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13: MOHBUR RAHMAN S/O. IBRAHIM ALI VILL. JUGIPARA P.O. BALABARI DIST. DARRANG

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14: BIRINCHI KR. BARUA S/O. SISHU RAM BARUA VILL. SIAKIAPARA P.O. MENAPARA DIST. DARRANG

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15: HEMANTA KALITA

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S/O. HARENDRA KALITA VILL BEZPARA P.O. MENAPARA DIST. DARRANG

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16: NUR ABU SAYED

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S/O. SAKENDER ALI VILL. PANIAKHAT P.O. DHULA DIST. DARRANG

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17: AZMAL HUSSAIN

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S/O. ABDUL HUSSAIN VILL. TORAGAON P.O. KENDUGURI DIST. DARRANG

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18: GAUTAM SARMAH

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S/O. BOJOY CH. SARMAH VILL. BARIGAON P.O. BARIGAON NO.2 DIST. DARRANG

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19: MAZNUR ALI

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S/O. LT. MAZIBUR RAHMAN VILL. SINGIMARI P.O. KHANDAJAN DIST. DARRANG

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20: BHABESH DEKA

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S/O. LT. TILAK DEKA VILL. KUWARIGAON P.O. HAZARIKAPARA DIST. DARRANG

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21: DULAN CH. NATH S/O. TANKESWAR NATH VILL. GERIMARI P.O. MANGALDOI DIST. DARRANG

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22: DHRUBA JYOTI DEKA S/O. ORABIN CH. DEKA VILL. TANGALA P.O. PUROBAHA DIST. BARPETA

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23: SIRAJUL ISLAM S/O. MAIJUDDIN AHMED VILL. SANOWA DIST. DARRANG

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24: JAINAL ALI

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S/O. LT. MEHER ALI VILL. SALMARA P.O. GANESH KUWARI DIST. UDALGURI

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25: SAILENDRA SARMAH

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S/O. UPENDRA SARMAH VILL. TANGLA CHITRA NAGAR P.O. TANGLA DIST. UDALGURI

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26: INAL HOQUE S/O. JAHIR UDDIN VILL. BARJHAR

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P.O. BHERBHERI DIST. DARRANG

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27: ABHINANDAN DEKA S/O. TARINI KANTA DEKA VILL. UDMARI P.O. TENGAMARI DIST. DARRANG

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28: ARUN JYOTI DEKA

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S/O. CHAKRADHAR DEKA VILL. KALITAPARA P.O. BORKOLA CHOWKA DIST. UDALGURI

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29: DEBAJIT BARMAN S/O. BHABENDRA NATH BARMAN VILL. PANIGAON P.O. PANIGAON DIST. DARRANG

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30: DIPAK DAS

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S/O. KHARGESWAR DAS VILL. BATAKUCHI P.O. CHAYGAON DIST. KAMRUP (R

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VERSUS

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THE STATE OF ASSAM REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF HOME, DISPUR, GHY.

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2:THE DIRECTOR GENERAL OF POLICE

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HEAD QUARTERS ULUBARI GHY. 3:THE ASSTT. INSPECTOR GEN. OF POLICE (A)

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ASSAM POLICE HEAD QUARTERS

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ULUBARI GHY.

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4:THE SUPDT. OF POLICE

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DARRANG MANGALDOI ASSAM

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5:RANJIT KHERIA

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WPC 99

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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6:LAXMI TERONPI WPC 295

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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7:DIPIKA BASUMATARY 467

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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8:POLI BASUMATRAY WPC 626

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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9:ANJANA GOGOI WPC 505

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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10:PARISHMITA GOGOI WPC 60

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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11:RAMJIM HANDIUE WPC 203

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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12:ALI BORGUHAIN WPC 507

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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13:SWAPNA MOHAN WPC 929

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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14:JUNMONI GOGOI WPC 927

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE

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DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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15:KARABI DAS WOC 942

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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16:NIJUMANI DEORI WOC 943

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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17:JURIMONI BORAH WPC 937

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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18:MOMI DEVI WPC 178

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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19:JUNMONI DAS WPC 840

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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20:SIMA RABIDAS WPC 436

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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21:MAUCHUMI RAY WPC 479

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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22:MEGHALI DUTTA WPC 201

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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23:MOMI GOHAIN WPC 503

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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24:KUKUIMONI TAMULI WPC 243

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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25:MUNMI PHUKAN WPC 139

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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26:MRINALINI SARMAH WPC 951

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE

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DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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27:MANIKA CHUTIA WPC 712

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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28:RUMIARA BEGUM WPC 923

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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29:BIMA BORAH WPC 933

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.3

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30:PUNI MECH PAUL WPC 127

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THE SERVICE OF THE NOTICES TO THE RESPDT. NOS. 5 TO 30 WILL BE DONE THROUGH THE OFFICIAL RESPONDENT NO.

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Advocate for the Petitioner : MR A CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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02.05.2024

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Heard Shri D. Deka, learned counsel for the petitioners whereas Shri D. Nath, learned Senior Government Advocate is present for the official respondents.

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2. The facts as projected in the writ petition are that the petitioners are working as Constables in the Armed Branch of the Assam Police since their appointment in the year 2001. A Circular No. 4 of 2013 was floated enabling conversion of Constables from Armed Brach to Unarmed Branch.

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3. It is the case of the petitioners that they meet the criteria laid down in the said Circular, more particularly with regard to educational qualification, minimum length of service, no court case or Disciplinary Proceeding and no major penalties being inflicted upon them during their tenure as constables in the Armed Branch.

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4. Shri Deka, the learned counsel for the petitioners has submitted that pursuant to the aforesaid Circular, the petitioners had submitted a representation dated 21.12.2013 for such conversion and accordingly, the Superintendent of Police, Darrang, Mangaldoi had sent a list of such candidates to the Additional Director General of Police Administration on 10.11.2014. It is claimed that the aforesaid list contains the names of the petitioners. The petitioners were however surprised to learn that vide a select list dated 22.09.2015, 1127 numbers of Women Police Constables were converted from Armed Branch to Unarmed Branch and such Women Police Constables were junior to the petitioners.

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5. The learned counsel has also drawn the attention of this Court to an earlier writ petition filed by similarly situated persons in which there was an order dated 14.10.2015 to keep certain posts of constables in the Unarmed Branch vacant.

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6. The contention of the learned counsel for the petitioners is that they being eligible for such conversion as per the Circular in force, their cases ought to have been considered and they be given the benefit of conversion from Armed Branch to Unarmed Branch.

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7. Shri D. Nath, learned State Counsel has fairly submitted that factually there is no dispute with the projection made. However, the conversion was made for woman constables as there was an immediate need which was in sync with the public interest. The learned State Counsel however fairly concedes that if the petitioners are fulfilling the criteria laid down in the Circular No. 4 of 2013, their cases would be considered in accordance with law and seniority.

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8. The learned State Counsel submits that though a formal affidavit-in-opposition has not been filed, there are detailed written instructions forwarded vide letter dated 22.11.2022. The learned State Counsel has relied upon the response to paragraph 14 of the writ petition which reads as follows:

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“Para 14 : As stated in foregoing paragraphs. Further, it is to mention that the

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conversion of Armed Branch (AB) Constables is a continuous process and it is going on as per seniority cum merit list. When the petitioners turn will come they will be converted to Unarmed Branch (UB) Constables subjected to the fulfilment of required criteria for such conversion. The conversion process is also subjected to the vacancy position of UB Constables in Assam Police.”

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9. The learned State Counsel submits that it is the categorical stand of the official respondents that the process of conversion from Armed Branch to Unarmed Branch is a continuous process and as and when the turn of the petitioners would come, their cases would definitely be considered along with similarly situated persons.

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10. After hearing the learned counsel for the parties, this Court is of the opinion that the action to give benefit of conversion from Armed Branch to Unarmed Branch in the Assam Police to Women Police Constables which has been submitted to be as per an immediate requirement and for public interest, may not be found fault with. At the same time, the right of a fair consideration of the petitioners for giving benefit of such conversion from Armed Branch to Unarmed Branch cannot be taken away.

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11. In view of the aforesaid facts and circumstances, this Court is of the view that a due consideration of the cases of the petitioners for such conversions from Armed to Unarmed Branch is required to be done on a priority basis, more so when it is on record that in the list dated 10.11.2014 sent by the Superintendent of Police, Darrang, the names of the petitioners had figured and in the meantime, almost a decade has passed. To facilitate the respondents to undertake the exercise, the petitioners may submit a fresh representation along with a copy of this order for doing the needful.

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12. Writ petition accordingly stands disposed of.

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13. A copy of the written instructions is made part of the records.

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JUDGE

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Comparing Assistant

Nazrul Islam and 29 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Nazrul Islam and 29 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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