The Assam Public Service Commissionaps v. Basanta Kumar Pait and 9 Ors

ORDER Date : 26-04-2023 Heard Mr. M.P. Sarma, learned counsel for the writ petitioner. Also heard Mr. T.J. Mahanta, learned Sr. counsel assisted by Mr. P.P. Dutta, learned standing counsel, APSC appearing for the respondent Nos. 4, 5, 6 and 7 and Ms. M.D. Bora, learned standing counsel, Transport Department, Assam appearing for the respondent Nos. 1 to 3. The six writ petitioners in this writ petition were denied participation in the selection process initiated by the authorities for filling up 26 vacant posts of MVIs in terms of the advertisement notice No. 10/22 dated 25-05-2022. Aggrieved thereby, the writ petitioners had approached this Court inter alia contending that they were eligible to take part in the selection process. Taking note of the contention of the writ petitioners, this Court had passed interim order dated 27-06-2022 provisionally allowing the petitioners to participate in the selection process. However, the authorities were also directed not to publish the final Page No.# 6/7 result of the selection process. Accordingly, the six writ petitioners had participated in the selection process. After conclusion of the selection process, the APSC as well as the Secretary, APSC as applicants had approached this Court by filing I.A.(C) No. 441/2023 with a prayer to modify the interim order dated 27-06-2022 passed in W.P.(C) No. 4281/2022 and allow the APSC to declare final results of selection process. The said prayer was allowed by this Court by order dated 12-04-2023 where-after the results were published on 24-04-2023. Mr. Mahanta has placed the final select list before this Court in sealed cover and submits that four out of the six writ petitioners have emerged as successful candidate in the selection process. However, until such time the question of their eligibility is finally determined by this Court, no order of appointment can be issued in their favour. Mr. Mahanta, learned Sr. counsel for the APSC further submits that since the other two writ petitioners did not qualify in the selection process on merit, no relief can be granted to them in this writ petition. Mr. Sarma, learned counsel for the writ petitioners has also fairly submitted that the only question that would now arise for consideration of this Court in the writ petition is as to whether, the four writ petitioners, viz. Sri Kuldip Barman, Sri Dhruva Jyoti Boruah, Sri Partha Pratim Deori and Sri Pankaj Rajkumar whose names find place in the final select list, were eligible to participate in the selection process and to that extent, would they be entitled to appointment orders. The aforesaid aspect of the matter can be decided at the time of final hearing of the writ petition. In view of the above and after taking note of the submissions made by the learned Page No.# 7/7 counsel for both the sides the respondents are hereby granted leave to fill up 22 (twenty two) vacant posts of MVIs by operating the select list dated 24-04-2023. However, four posts of MVIs shall be kept vacant awaiting further order(s) in the writ petition. In view of the nature of controversy involved in the matter, the respondents to keep the select list dated 24-04-2023 alive for a period of 06 months w.e.f. today, awaiting final order in the writ petition. With the above observation, the order dated 12-04-2023 passed in I.A.(C) No. 441/2023 stands modified. Registry to list the connected writ petition for final hearing in the 1st week of June, 2023 on a non-miscellaneous day. The written instruction dated 25-04-2023 produced by Ms. M.D. Bora, learned standing counsel, Transport Department, Assam shall form part of the record of the I.A.

I.A. stands disposed of.

JUDGE GS Comparing Assistant

PageoNo.#o1/7 GAHC010027652023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/441/2023o THEoASSAMoPUBLICoSERVICEoCOMMISSIONAPSo REPRESENTEDoBYoITSoCHAIRMAN,oJAWAHARNAGAR,oKHANAPARA,o GUWAHATI-22,oASSAM. 2:oTHEoSECRETARY oASSAMoPUBLICoSERVICEoCOMMISSION oJAWAHARNAGAR oKHANAPARA oGUWAHATI-22 oASSAMo VERSUSo BASANTAoKUMARoPAIToANDo9oORSo SONoOFoSRIoRAJENoPAIT,oRESIDENToOFoH.oNO.o171,oNIZARAPARA,o HIRIMBAPURoPATH,oODALBAKRA,oKAMRUP(M),oP.O.oODALBAKRA,oPIN-o 781034,oASSAM. 2:KULDIPoBARMAN oSONoOFoSRIoDILIPoBARMAN oRESIDENToOFoH.NO.-o18 oNANDANPURoPATH oSURVEY oBELTOLA oPIN-o781028 oASSAM. 3:FRANKYoKUMARoKALIA oSONoOFoNIRMALoKUMARoKALIA oRESIDENToOFoLALoBANGLOWoROAD oTINSUKIA oPIN-o786125 oASSAM. Page No.# 2/7 4:DHRUVA JYOTI BORUAH SON OF LATE MANIK CHANDRA BARUAH RESIDENT OF VILLAGE AND P.O.- KALOOGAON DISTRICT SIVASAGAR PIN- 785666 ASSAM. 5:PARTHA PRATIM DEORI SON OF SRI TANU RAM DEORI RESIDENT OF RATANPUR P.O.- DHEMAJI DISTRICT- DHEMAJI PIN- 787057 ASSAM. 6:PANKAJ KUMAR RAJKUMAR SON OF SRI INDRESWAR RAJBONGSHI RESIDENT OF VILLAGE- SOLMARI DISTRICT- MORIGAON PIN- 782105 ASSAM. 7:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM TRANSPORT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-6. 8:THE COMMISSIONER COMMISSIONERATE OF TRANSPORT PARIBAHAN BHAWAN JAWAHARNAGAR KHANAPARA GUWAHATI-22. 9:THE SECRETARY DEPARTMENT OF TRANSPORT GOVERNMENT OF ASSAM JANATA BHAWAN DISPUR GUWAHATI-6 Advocate for the Petitioner : SC, APSC Page No.# 3/7 Advocate for the Respondent : MR. U K NAIR Linked Case : WP(C)/4281/2022 BASANTA KUMAR PAIT AND 5 ORS SON OF SRI RAJEN PAIT RESIDENT OF H. NO. 171 NIZARAPARA HIRIMBAPUR PATH ODALBAKRA KAMRUP(M) P.O. ODALBAKRA PIN- 781034 ASSAM. 2: KULDIP BARMAN SON OF SRI DILIP BARMAN RESIDENT OF H.NO.- 18 NANDANPUR PATH SURVEY BELTOLA PIN- 781028 ASSAM. 3: FRANKY KUMAR KALIA SON OF NIRMAL KUMAR KALIA RESIDENT OF LAL BANGLOW ROAD TINSUKIA PIN- 786125 ASSAM. 4: DHRUVA JYOTI BORUAH SON OF LATE MANIK CHANDRA BARUAH RESIDENT OF VILLAGE AND P.O.- KALOOGAON DISTRICT SIVASAGAR PIN- 785666 ASSAM. 5: PARTHA PRATIM DEORI SON OF SRI TANU RAM DEORI RESIDENT OF RATANPUR P.O.- DHEMAJI DISTRICT- DHEMAJI PageoNo.#o4/7 oPIN-o787057 oASSAM. o6:oPANKAJoKUMARoRAJKUMAR SONoOFoSRIoINDRESWARoRAJBONGSHI oRESIDENToOFoVILLAGE-oSOLMARI oDISTRICT-oMORIGAON oPIN-o782105 oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oTRANSPORToDEPARTMENT oJANATAoBHAWAN oDISPUR oGUWAHATI-6. 2:THEoCOMMISSIONER COMMISSIONERATEoOFoTRANSPORT oPARIBAHANoBHAWAN oJAWAHARNAGAR oKHANAPARA oGUWAHATI-22. o3:THEoSECRETARY DEPARTMENToOFoTRANSPORT oGOVERNMENToOFoASSAM oJANATAoBHAWAN oDISPUR oGUWAHATI-6. o4:THEoASSAMoPUBLICoSERVICEoCOMMISSION REPRESENTEDoBYoITSoCHAIRMAN oJAWAHARNAGAR oKHANAPARA oGUWAHATI-22 oASSAM. o5:THEoUNDERoSECRETARY ASSAMoPUBLICoSERVICEoCOMMISSION oJAWAHARNAGAR KHANAPARA oGUWAHATI-22 oASSAM. o6:THEoJOINToSECRETARY ASSAMoPUBLICoSERVICEoCOMMISSION oJAWAHARNAGAR oKHANAPARA oGUWAHATI-22 Page No.# 5/7 ASSAM. 7:THE CONTROLLER OF EXAMINATION ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22 ASSAM. ------------ Advocate for : MR. U K NAIR Advocate for : SC TRANSPORT appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM