WP(C) 3239/2016. Gauhati High Court
| Case Number | WP(C) 3239/2016 |
| Judgement Date | June 01, 2020 |
| Court | Gauhati High Court |
THE GAUHATI HIGH COURT AT GUWAHATI
(The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
PRINCIPAL SEAT AT GUWAHATI
WP( C) No. 4558/ 2016
Sri Sanjib Pathak
Son of Sri Dinesh Pathak, Resident of Village & P.O.-Nagaon, Dist.- Barpeta, Assam.
…… Petitioner.
-Versus-
1) The Gauhati High Court
Represented by the Registrar General, Guwahati High Court, Guwahati-1.
2) The State of Assam
Represented by the Secretary to the Govt. of Assam, Judicial Department, Assam Secretariat,
Dispur, Guwahati-6.
3) The District & Sessions Judge, Barpeta, Assam.
..… Respondents.
WI TH
WP( C) No. 3239/ 2016
Sri Amarjit Das
Son of Sri Basudev Das,
Resident of Village & P.O.-Sundardia, Dist.- Barpeta, Assam.
…… Petitioner.
WP(C) No.4558/2016 with WP(C) No.3239/2016 Page 1 of 7
-Versus-
1) The State of Assam
Represented by the Secretary to the Govt. of Assam, Judicial Department-cum-Legal Remembrancer, Assam Secretariat, Dispur, Guwahati-6.
2) The District & Sessions Judge, Barpeta, Assam.
..… Respondents.
BEFORE
THE HON’BLE MR. JUSTI CE NELSON SAI LO
For the Petitioners : Mr. U.C. Rabha
Mr. R. Dubey,
For the respondents : Ms. D.D. Barman
G.A.
Mr. S.K. Medhi, SC, GHC.
Date of Hearing & Judgment : 1st June, 2017
JUDGMENT AND ORDER ( ORAL)
Heard Mr. R. Dubey, the learned counsel for the petitioner in WP(C) No.3239 of 2016 and Mr. U.C. Rabha, the learned counsel for the petitioner in WP(C) No.4558 of 2016. Also heard Mr. Ms. D.D. Barman, the learned Additional Senior Government Advocate, Assam, for the respondent No.1 in WP(C) No.3239 of 2016 and for the respondent No.2 in WP(C) No.4558 of
WP(C) No.4558/2016 with WP(C) No.3239/2016 Page 2 of 7
Advocates.
2016 as well as Mr. S.K. Medhi, the learned Senior Counsel and Standing Counsel, GHC, for the other respondents.
-
Since the two writ petitions pertain to the same issue they are being taken up for final disposal by this common judgment and order.
-
The case of the petitioner in WP(C) No.3239 of 2016 is that he responded to an advertisement published by the respondent No.2 i.e. the District and Sessions Judge, Barpeta whereby, five (5) posts of Process Server was advertised. Pursuant to his application, the petitioner was called for the written test as well as the viva-voce test and consequently, vide notification dated 13.10.2015 (Annexure-5), his name figured at Serial No.2 of the select list amongst the unreserved category. However, the petitioner was not appointed while the other selected candidates in the select list dated 13.10.2015 were appointed. He therefore, made an inquiry from the office of the respondent...
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