Suma Nath v. The State of Assam and 3 Ors

ORDER Date : 02.01.2023

Heard Mr. H.A.Laskar, the learned counsel appearing on behalf of the petitioner and Mr. T.C.Chutia, the learned counsel appearing on behalf of all the respondents.

¶2The petitioner has filed the instant writ petition being aggrieved by not appointing the petitioner in the existing vacant post of Supervisor (Contractual) under the Lala ICDS Project Lala. The facts involved in the instant case is that pursuant to an advertisement dated 24.02.2014, issued by the Directorate of Social Welfare, Assam, Uzan Bazar, the petitioner applied for the contractual post of Supervisor (Regular) as well as Supervisor (Contractual).

¶3The petitioner was given a roll number bearing No.151017909 and the date of written examination was fixed on 13.12.2015. Pursuant to the written test, the petitioner qualified in the written examination both for the post of Supervisor (Regular) as well as the Supervisor (Contractual). The same appears from the Notification bearing No.DSW (ICDS) E/128/2014/66 dated 08.01.2016 as well as the Notification bearing No.DSW (ICDS)/E/128/2014/70 dated

08.01.2016. From a perusal of the said Notification dated 08.01.2016 bearing No. DSW (ICDS) E/128/2014/66, the petitioner was shown as short listed for Page No.# 3/4 Viva-Voce interview for the post of Supervisor (Contractual) and the date of Viva-Voce test was fixed as per the said Notification on 19.01.2016 at BDS Deaf & Dumb School Kahilipara, Ghy-19. In terms with the subsequent Notification bearing No.DSW(ICDS) E/128/2014/70 dated 08.01.2016, the petitioner was also shortlisted for appearing in the Viva-Voce interview to be held at the Government BDS Deaf & Dumb School, Kahilipara on 18.01.2016 for the post of Supervisor Regular. The petitioner appeared for his interview for the Supervisor (Regular) on 18.01.2016 but did not perform well and as such he was not selected. However, on 19.01.2016, the petitioner did not appear in the said Viva-Voce test for the post of Supervisor (Contractual) and as such the petitioner was disqualified for being appointed to the post of Supervisor (Contractual). Being aggrieved the petitioner has approached this Court under Article 226 of the Constitution of India.

¶4The respondents have filed an affidavit stating inter alia, that the petitioner had appeared for the Supervisor (Regular) on 18.01.2016 but failed to appear for the post of Supervisor (Contractual) on 19.01.2016, although the Notification categorically mentioned that the petitioner was supposed to appear on 19.01.2016 for attending the Viva-Voce test for Supervisor (Contractual).

¶5In view of the specific stand taken by the Government to that effect and there is no denial that the petitioner did not appear on 19.01.2016 or was not allowed to appear on 19.01.2016. The petitioner also could not show any other illegalities in the action of the respondents.

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¶6Accordingly, this Court having not found any merit in this writ petition, the instant writ petition stands dismissed. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010156462019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4656/2019o SUMAoNATHo D/O-oLATEoSARAToKRoNATH,oW/O-oSANKARoNATH,oR/O-oLALA,oWARDoNO.8,o P.O-oLALA,oDIST-oHAILAKANDI,oASSAM,oPIN-o788163, VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o SOCIALoWELFAREoDEPTT,oDISPUR,oGHY-o06 2:THEoDIRECTOR oSOCIALoWELFARE oASSAM oUZANoBAZAR oGHY-o01 3:THEoDISTRICToSOCIALoWELFAREoOFFICER oHAILAKANDI oDIST-oHAILAKANDI oASSAM oPIN-o788151 4:THEoCHILDoDEVELOPMENToPROJECToOFFICER oLALAoICDSoPROJECT oLALA oDIST-oHAILAKANDI oASSAM oPIN-o78816o AdvocateoforotheoPetitionerooooo:oMS.oSoBoCHOUDHURYo Page No.# 2/4 Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH