Nabajyoti Bora and Anr. v. the State of Assam and 3 Ors.

Gauhati HC4 May 2025MC/17/2025

Case brief

AI extract

What is this about?

Restoration of writ petition dismissed for default; MC/17/2025; WP(C)/5280/2024; Gauhati High Court; 05.05.2025; Vijay Bishnoi, CJ; Nabajyoti Bora; Napul Boruah; State of Assam; Commissioner of Transport; Assam Public Service Commission; Union of India; Enforcement Inspector; Assam Transport Service Rules, 2003; Bihar Motor Vehicles Technical Officers Association v. State of Bihar (Patna HC, CWJC 8978/2020).

What did the court decide?

Restoration of WP(C) No.5280/2024 to its original number; the writ petition is to be listed for admission after 2 (two) weeks. ¶¶35

Nabajyoti Bora and Anr. Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

Page No.# 1/4

GAHC010084992025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : MC/17/2025

¶6

1.NABAJYOTI BORA AND ANR

¶7

S/O- NARAYAN BORA, R/O- PASCHIM KAWAYMARI, P.O AND P.S- KAMPUR, SUB DIVISION- NAGAON, DIST- NAGAON, ASSAM

¶8

2: NAPUL BORUAH S/O- JHALIRAM BORUAH R/O- VILLAGE MERKATHANI P.O AND P.S- GHILAMARA DIST- LAKHIMPUR ASSAM PIN-78705

¶9

VERSUS

¶10

THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT DISPUR, GUWAHATI-6.

¶11

2:THE COMMISSIONER OF TRANSPORT ASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-22

¶12

3:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY THE CHAIRPERSON JAWAHAR NAGAR KHANAPARA GUWAHATI-22

¶13

4:THE UNION OF INDIA

¶14

REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN PARLIAMENT STREET PIN-110001 NEW DELH

¶15

Page No.# 2/4

¶16

Linked Case : WP(C)/5280/2024

¶17

1.NABAJYOTI BORA AND ANR S/O- NARAYAN BORA R/O- PASCHIM KAWAYMARI P.O AND P.S- KAMPUR SUB DIVISION- NAGAON DIST- NAGAON ASSAM 2: NAPUL BORUAH S/O- JHALIRAM BORUAH R/O- VILLAGE MERKATHANI P.O AND P.S- GHILAMARA DIST- LAKHIMPUR ASSAM PIN-787053

¶18

VERSUS

¶19

1.THE STATE OF ASSAM AND 3 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM TRANSPORT DEPARTMENT DISPUR GUWAHATI-6.

¶20

2:THE COMMISSIONER OF TRANSPORTASSAM PARIBAHAN BHAWAN JAWAHAR NAGAR KHANAPARA GUWAHATI-22

¶21

3:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY THE CHAIRPERSON JAWAHAR NAGAR KHANAPARA GUWAHATI-22

¶22

4:THE UNION OF INDIA REP. BY THE SECRETARY TO THE GOVT. OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN PARLIAMENT STREET PIN-110001 NEW DELHI

¶23

For the Applicant(s)/Petitioner(s) : Md. M. Hoque, Advocate.

¶24

: Mr. M. Rana, Advocate.

¶25

For the Respondent(s) : Ms. M.D. Borah, Standing Counsel, Transport Department for respondent Nos.1 & 2.

¶26

: Mr. T.J. Mahanta, Senior Advocate/Standing Counsel, APSC assisted by Ms. P. Sarma for respondent No.3.

¶27

Page No.# 3/4

¶28

– BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

¶29

05.05.2025

¶30

(Vijay Bishnoi, CJ)

¶31

MC No.17/2025

¶32

The matter comes upon for consideration of this application [MC No.17/2025] preferred on behalf of the applicants with a prayer to restore the connected writ petition, WP(C) No.5280/2024, which was dismissed for default vide order dated 14.02.2025 passed by this Court.

¶33

The restoration application has not been seriously opposed by the learned counsel for the respondents.

¶34

Having heard the learned counsel for the parties and after going through the contents of the application, we deem it appropriate to allow the application. Hence, this application [MC No.17/2025] is allowed.

¶35

Resultantly, the connected writ petition, being WP(C) No.5280/2024, which was dismissed for default, be restored to its original number.

¶36

WP(C) No.5280/2024

¶37

Learned counsel for the respondent State has submitted that in WP(C) No.5280/2024 the petitioners have challenged the qualification prescribed for the post of Enforcement Inspector under the Assam Transport Service Rules, 2003. It is further submitted that the validity of the similar Rules framed in the State of Bihar have already been upheld by the Division Bench of the Patna High Court in Civil Writ Jurisdiction Case No.8978 of 2020 [ Bihar Motor Vehicles

¶38

Page No.# 4/4

¶39

Technical Officers Association & Ors. Vs. The State of Bihar and Ors. ], decided on 18.10.2022.

¶40

Learned counsel for the applicants/petitioners prays for some time to argue on the matter.

¶41

Time prayed for is granted.

¶42

List this writ petition, [WP(C) No.5280/2024] for admission after 2(two) weeks.

¶43

JUDGE