Sabita Baniya Gohain v. The Managing Director,

ORDER

13.05.2024 Heard Mr.R.Bora, learned counsel for the petitioner. Also heard Ms.Toshisenla,

learned

counsel

for

the

respondents.

¶2The case of the petitioner is that she belongs to a Scheduled Caste (SC) category and hails from an extremely poor background. She had submitted an Page No.# 2/3 application before the Managing Director, Assam State Development Corporation for Schedule Castes Limited, Assam on 22.02.2020 to engage her as a peon. Accordingly, the petitioner along with others were appointed as casual labourers. However, on 01.08.2021, the service of the petitioner was discontinued. The representations that were submitted before various authorities including the respondent did not yield any result, and therefore, this writ petition has been filed under Article 226 of the Constitution of India with a prayer to direct the respondent authorities to consider the representation of the petitioner for being engaged as a casual labourer.

¶3The learned counsel for the petitioner has submitted that although the service of the petitioner was discontinued but engagement of several other persons as casual labourers are being continued.

¶4The Court is unable to give a seal of approval to appointment of persons, even as a casual labourer on the basis of representation, as such a procedure for giving employment is contrary to the principle of public employment and hence, this procedure is hit by Article 14 of the Constitution of India, as because others, who may be requiring the job and having requisite qualification are deprived of applying for the job.

¶5Therefore, notwithstanding that the respondent might have allegedly illegally appointed others, but in such matters, the right to negative equality cannot be enforced by the petitioner.

¶6Therefore, as the manner in which the petitioner is seeking employment is contrary to the public policy, this writ petition cannot be entertained and Page No.# 3/3 accordingly the same is dismissed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010090572024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2421/2024 SABITA BANIYA GOHAIN W/O- SRI PRABHAT GOHAIN, R/O- VILL.- KUKURJAN, P.O. GOHPUR, DIST. BISWANATH, ASSAM VERSUS THE MANAGING DIRECTOR, ASSAM STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES LIMITED ,GUWAHATI-06, DIST. KAMRUP(M), ASSAM Advocate for the Petitioner : MR. R BORA Advocate for the Respondent : SC. ASDC FOR SC BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA