Sahidul Islam and 12 Ors v. The State of Assam and 3 Ors

ORDER

27.02.2023. Heard Mr. A R Bhuyan, learned counsel for the petitioners and Mr. U Sharma, learned Standing counsel, Department of School Education, Assam for the respondent Nos. 1 & 2. Also heard Mr. B Gogoi, learned Standing counsel, R.M.S.A. for the respondent No. 3 as well as Mr. A Chamuah, learned Standing counsel, UGC for the respondent No. 4. The Director of Secondary Education, Assam on 26.09.2017 issued an Advertisement for filling up of 3052 Nos. of posts of Computer Instructors under the Scheme of Dr. Banikanta Kakoti Computer Literacy Programme in the Page No.# 5/6 Government/Provincialised High/Higher Secondary Schools, High/Sr. Madrassa, Senior Secondary Schools, Arabic Colleges and local body schools for implementation of ICT enabled teaching and learning facilities towards initiation of Comprehensive Computer Education programme. Pursuant to the same, the Director of Secondary Education conducted the selection and on 26.02.2018, the State Government issued a select list in phase manner for appointment of computer Instructors in the concerned educational institutions in terms of said advertisement dated 26.09.2017. The petitioners filed this writ petition on 05.04.2018, praying amongst others, not to fill up the vacant posts of ICT Computer Instructors as advertised on 26.09.2017 without publishing the complete select list and to direct the respondent authorities to publish the remaining list of selected candidates. Some other candidates for the post of ICT Computer Instructors as advertised on 26.09.2017 had approached this Court in WP(C) No. 1425/2018, being aggrieved with such action on the part of the respondents in publishing the select list for those 3052 Nos. of posts in a phase manner, wherein the Court by order dated 23.03.2018 in said WP(C) No. 1425/2018 observed that the declaration of select list in phase manner is impermissible under law, as in such eventuality, an arbitrariness would creep in. Accordingly, the Court by order dated 23.03.2018 passed in said WP(C) No. 1425/2018 directed the respondents therein, to publish the whole of the select list at one go and refrain from acting upon any phase wise list that may have been published in the meantime. On perusal of the records of said WP(C) No. 1425/2018, it is seen that the State Government in the Education Department placed before the Court that out of those 3052 Nos. of posts of Computer Instructors, the concerned screening committee that was constituted for selection of the candidates after due verification of the documents and other relevant materials, in the 1st phase found 1130 Nos. of candidates eligible for appointment to the posts of Computer Instructors as advertised on 26.09.2017 and that before filing said WP(C) No. 1425/2018, those 1130 Nos. of Page No.# 6/6 candidates were already appointed on 26.02.2018. The said screening committee after further verification found 225 Nos. of candidates eligible for placement as Computer Instructors as advertised on 26.09.2017. Considering the entire aspect of the matter, the Court by order dated

08.08.2018 directed the respondents in the Secondary Education Department of the State to publish the list of eligible candidates for the remaining 1922 Nos. of posts in one go pursuant to the said advertisement dated 26.09.2017 and also to publish the list of those already appointed in 1130 Nos. of posts on 26.02.2018 as Computer Instructors, clarifying that unless such lists including that of 1922 Nos. of selected candidates of Computer Instructors are duly published, the respondents shall not fill up the remaining 1922 posts of Computer Instructors as advertised on 26.09.2017. The Court in the said order dated 08.08.2018 also observed that the respondents in the Secondary Education Department shall complete the entire process of selection as expeditiously as possible, preferably within a period of three months from the date of the said order. Considering the above, the Court is of the view that the prayer made by the petitioners in this petition is covered by the said order dated 08.08.2018 passed in WP(C) No. 1425/2018 and other connected cases. Accordingly, this writ petition stands disposed of in the light of the order dated

08.08.2018 passed in WP(C) No. 1425/2018, noted above.

JUDGE

Comparing Assistant

PageoNo.#o1/6 GAHC010069002018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2152/2018o SAHIDULoISLAMoANDo12oORS.o S/OoAJMOToALIoKHANo VILL-oBETBARI,oP.O.oBARBALAo DIST.oBARPETA,oASSAM,o PINo-o781316.o DATEoOFoBIRTHo06.02.1975 2:oIMANoHUSSAINoMONDAL oS/OoAJMOToALIoKHANo VILL-oBETBARI oP.O.oBARBALAo oASSAMo DATEoOFoBIRTHo-31.12.1978 3:oJIAURoRAHMAN oS/OoLALoMAMUDoALIo VILL-oBARBARIJHAR o P.O.oMOUTIPURIo oPINo-o781316.o DATEoOFoBIRTHo-o07-12-1984. 4:oABULoKALAMoAZAD oS/OoTUFAZZALoHUSSAINo oVILL-oKAMALPURoPAM oP.O.oBARBALAo o PINo-o781316 o PageoNo.#o2/6 DATEoOFoBIRTH-o03.01.1976 5:oRINIWARAoKHATUN oC/OoRAFIQULoISLAMo VILL-oDHUPGURI oP.O.oSIMLAGURIo o PINo-o781313o DATEoOFoBIRTH-o27.01.1982 6:oMDoMAINULoHOQUE oS/OoLT.oTAJoUDDINoAHMEDo VILLoANDoP.O.oSUKMANAHo o PINo-o781316 o DATEoOFoBIRTHo-o30-04-1975 7:oRAFIQULoISLAMoMONDAL oC/OoANOWARoHUSSAINoMONDALo VILL-oHALDIAoGAON o oP.O.oGHUGUBARIo oPINo-o781319 o DATEoOFoBIRTHo30-11-1975. 8:oMD.oJEHERULoISLAM oS/OoMD.oATOWARoRAHMANo VILL-oCHEKI oP.O.oHATHINAPURo oPINo-o781325 o DATEoOFoBIRTHo-01.01.1988 9:oKAZIoFAKARoUDDINoALIoAHMED oS/OoKAZIoIMADoALIo VILL-oCHAULIABARI oP.O.oSARUPETAo PageoNo.#o3/6 oPINo-o781318o DATEoOFoBIRTH-31.12.1986 10:oABDULoKADER oS/OoABDULoREZZAKo VILL-oMADHAPUR oP.O.oRUPAHIo o PINo-o781318o DATEoOFoBIRTHo-o01.01.1980 11:oMAFIDAoAHMED oC/OoMAHIRoUDDINoAHMEDo VILL-oBANTIPURo P.O.oJARABARIo o PINo-o781314 o DATEoOFoBIRTH-06.03.1980. 12:oSOFIQUZZAMAN oS/OoNURUZZAMANoSARKARo VILLoANDoP.O.oKALAPANIo DIST.oSOUTHoSALMARAo-MANKACHAR oPINo-o783135 o DATEoOFoBIRTHo-18-12-1987. 13:oMAHMUDURoRAHMAN oS/OoMD.oAHADoALIo VILL-o1oNO.oPUBERoGAON oMANKACHAR oP.O.oMANKACHAR oDIST.SOUTHoSALMARA-oMANKACHAR o PINo-o783131 o DATEoOFoBIRTHo31.01.1982o VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o Page No.# 4/6 TO BE REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPARTMENT, DISPUR, GUWAHATI -06. 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI -19. 3:THE MISSION DIRECTOR RASTRIYA MADHYAMIC SHIKSHA ABHIYAN ASSAM KAHILIPARA GUWAHATI -19. 4:THE UNIVERSITY GRANT COMMISSION BAHADUR SHAH SAFAR MARG NEW DELHI PIN - 110012 Advocate for the Petitioner : MR A R BHUYAN Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK