Sahera Khatun v. The State of Assam and 5 Ors

ORDER Date : 03.05.2024

Heard Mr. M. Ali, learned counsel for the petitioner. Also heard Ms. J. Bora, learned counsel appearing on behalf of Mr. S. Dutta, learned standing counsel, P&RD Department for the respondent Nos. 1, 2, 4 and 5 and Mr. J. K. Goswami, learned Addl. Senior Govt. Advocate for the respondent No.3.

¶2Pursuant to an Advertisement dated 05.02.2024, issued by the Block Development Officer, Matia Development Block for selection of Community Resource Persons-Enterprise Promotion (CRP-EP) under Annual Action Plan

(AAP) NRLM Non-Farm for financial year 2023-24, the petitioner applied for the post of CRP-EP under Sidhabari Gaon Panchayat. In terms of the Advertisement, the petitioner appeared in the written examination and was successful. The petitioner also appeared in the Viva-voce which was held on 26th of February, 2024. However, in the final select list, the name of the petitioner was put in the waiting list and the private respondent No.6, namely, Rinamoni Das was Page No.# 3/3 selected for CRP-EP, Sidhabari Gaon Panchayat. It is the case of the petitioner that the respondent No.6, namely, Rinamoni Das does not have computer diploma and she also did not appear in the Viva-voce which was held on

26.02.2024 and therefore she would not have been selected as CRP-EP, Sidhabari Gaon Panchayat.

Being aggrieved, the petitioner made a representation before the Deputy Commissioner, Goalpara on 25.03.2024. The petitioner made another representation before the District Commissioner, Goalpara on 03.04.2024 to look into the matter with regard to the irregularities involved in selection of the respondent No.6. The said representations are yet to be considered by the Deputy Commissioner, Goalpara till date.

¶3Accordingly, this writ petition is disposed of directing the Deputy Commissioner Goalpara/respondent No.3 to dispose of the representations dated 25.03.2024 and 03.04.2024 by a speaking order in accordance with law within a period of 3(three) weeks from the date of receipt of a copy of the order of this Court. It is also made clear that while disposing of the representation, the petitioner as well as the respondent No.6 shall be heard in person.

¶4With the above observations and directions, this writ petition is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010087992024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2322/2024o SAHERAoKHATUNo W/OoABUoEUSUFoAHMEDo RESIDENToOFoNAYAPARAoPARToI,oPOoBAHATI,oPSoMATIA,oDISToGOALPARA,o ASSAMo783125 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,oDISPUR,o GUWAHATIo06 2:THEoMISSIONoDIRECTOR oASSAMoSTATEoRURALoLIVELIHOODoMISSION PANJABARI oGUWAHATIo37 3:THEoDISTRICToCOMMISSIONER oGOALPARAoASSAMo783010 4:THEoCHIEFoEXECUTIVEoOFFICER oZILAoPARISHADoGOALPARA oASSAMo783101 5:THEoBLOCKoDEVELOPMENToOFFICER oMATIAoDEVELOPMENToBLOCK oMATIAoGOALPARA oASSAMo783125 6:SMTIoRINAMONIoDAS Page No.# 2/3 W/O SRI BIBHUTI DAS VILLAGE BAHATI PART II PO BAHATI PS MATIA DIST GOALPARA ASSAM 78312 Advocate for the Petitioner : MR. M ALI Advocate for the Respondent : SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR