Anurag Sarma v. The State of Assam and 6 Ors

ORDER

29.11.2024 Heard Ms. G. Borah, learned counsel for the applicant. Also heard Ms. M. D. Borah, learned Standing Counsel, Transport Department, Assam and Mr. P. P. Dutta, learned counsel appearing for the APSC. By filing the connected writ petition the petitioner has assailed the selection process initiated for filling up 26 vacant posts of M. V. Inspectors on the basis of Page No.# 3/3 advertisement notice dated 25.05.2022. It appears from the stand of the departmental authorities that all the 26 vacant posts had already been filled up during the pendency of the writ petition. The present application has been filed with a prayer to keep one post vacant where the petitioner can be accommodated in the event he succeeds in the writ petition. Such prayer is on account of the fact that the respondent No.7 has resigned from the post of MVI and hence, a vacancy has arisen. What is, however, significant to note herein that the petitioner has challenged the entire selection process and if he succeeds in his challenge, the only relief that the Court can grant is to quash the selection process. In such an eventuality the question of appointing the petitioner pursuant to such a flawed process would also not arise. Situated thus, I do not find any justifiable ground to grant any interim relief in this I.A. The prayer made in the I.A. therefore, stands rejected. I.A. stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010204722024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/3130/2024o ANURAGoSARMAo S/OoKHAGENDRAoNATHoSARMA,oR/OoVILL-BAMUNPARAoNO.o2,o BAMUNPARA,oPARAN,oDIST-DARRANG,oASSAM,oPIN-784125 VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oTRANSPORToDEPARTMENT,oJANATAoBHAWAN,o DISPUR,oGUWAHATI-781006 2:THEoCOMMISSIONER oCOMMISSIONERATEoOFoTRANSPORT oPARIBAHANoBHAWAN oJAWAHARNAGAR oKHANAPARA oGUWAHATI-781022 3:THEoASSAMoPUBLICoSERVICEoCOMMISSIONER oREPRESENTEDoBYoITSoCHAIRMAN oJAWAHARoNAGAR oKHANAPARA oGUWAHATI-781022 oASSAM 4:THEoJOINToSECRETARY oASSAMoPUBLICoSERVICEoCOMMISSION oJAWAHARNAGAR oKHANAPARA oGUWAHATI-781022 oASSAM Page No.# 2/3 5:THE CONTROLLER OF EXAMINATION ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-781022 ASSAM 6:BITOPON KALITA DISTRICT TRANSPORT OFFICE BETIKUCHI N.H-37 DISTRICT-KAMRUP(R) ASSAM PIN-781034 7:SYABON KUMAR LAHKAR SON OF PRABHAT LAHAKAR RESIDENT OF HOUSE NO.3 VILLAGE-BONDA PO. BONDA PS. PRAGJYOTISPUR DISTRICT-KAMRUP(R) ASSAM PIN-78102 Advocate for the Petitioner : MS. G BORAH, MS RIMA DAS Advocate for the Respondent : SC, APSC, SC, TRANSPORT BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM