WA 97/2015. Gauhati High Court

Case NumberWA 97/2015
Judgement DateMay 25, 2020
CourtGauhati High Court

IN THE GAUHATI HIGH COURT

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

Writ Appeal No.97 of 2015

Appellants :

  1. Prabal Rajkhowa

    C/o C.D.P.O. (Social Welfare Officer) Dolonghati ICDS Project, Kaurabahi Jamuguri Nagaon

    District Nagaon, Assam

    Pin -782142

  2. Pradip Kumar Nath

    C/o C.D.P.O. (Social Welfare Officer) Kapili ICDS Project, Barapujia District Nagaon, Assam

    Pin -782107

  3. Hasimuddin Ahmed,

    C/o C.D.P.O. (Social Welfare Officer) Laharighat ICDS Project, Morigaon, Assam Pin -7832127

    Respondents:

  4. The State of Assam

    represented by the Commissioner and Secretary

    to the Government of Assam, Social Welfare Department, Dispur, Guwahati-6, Assam

  5. The Director, Social Welfare, Assam Uzan Bazar, Guwahati-1, Assam

  6. The District Social Welfare Officer, Morigaon, District Morigaon, Assam

  7. Sri Imran Hussain,

    The then Chairman of the Selection Committee, R/o F.A.Ahmed Nagar, Rodali Path

    H.No.10, P.O. Panjabari Guwahati District Kamrup Assam PIN 781 0037

  8. Sri Sanjeev Kumar Nath

    S/o Late Ramesh Chandra Nath, Village Barbhagia

    P.O.Charaibahi, Morigaon District Morigaon, Assam

    BEFORE

    HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

    For the Appellants … Mr. D Das, learned senior counsel, assisted by Mr.I Ahmed and Mr.R Sarmah, learned counsel

    For the Respondents … Mr. RKD Choudhury, learned Additional

    Senior Government Advocate,

    Assam for Respondent Nos.1, 2 and 3 Mr. SK Das and Mr.R Karim,

    learned counsel for R-4

    Date of hearing & Judgment … 25.5.2017

    JUDGMENT AND ORDER

    (Ajit Singh, C.J.)

    This intra-court appeal has been preferred by the appellants-Prabal Rajkhowa, Pradip Kumar Nath and Hasimuddin Ahmed- challenging the judgement and order dated 19/2/2015 passed in WP(C) No.2671/2013 allowing the writ petition of Respondent No.5 Sanjeev Kumar Nath by setting aside the impugned selection process for recruitment of Statistical Assistant in the Social Welfare Department, Government of Assam, in the district of Morigaon.

  9. By the impugned judgment and order, the selection and appointment of the writ appellants nos.1, 2 and 3, who were placed in the select list above the Respondent No. 5 was quashed and it was directed that afresh selection process be initiated within 6(six) weeks from the date of receipt of the certified copy of the order.

  10. The facts in short are these. In the month of January,2005, the Director of Social Welfare Department, Government of Assam, initiated a recruitment process for filling...

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