Fazla Wahid Ahmed v. The State of Assam and 5 Ors

ORDER

27.09.2023

Heard Mr. S Islam, learned counsel for the petitioner. Also heard Mr. P Nayak, learned counsel for the authorities in the SSA and Ms. P Das, learned counsel for the authorities in the Secondary Education Department, Government of Assam.

¶2We do not find any material justifying the array of respondent No.6 being impleaded in person and accordingly, the said respondent stands deleted. Page No.# 3/4

¶3The petitioner participated in a selection process pursuant to an advertisement, annexed as Annexure-3, page 27 to the writ petition. According to the petitioner, before the results of the selection process in which he had participated could be declared, another advertisement available at page-30 to the writ petition was issued by the respondents in the SSA. The petitioner had instituted this writ petition on the grievance that without bringing the earlier selection process to its logical end, a subsequent advertisement for the same purpose cannot be issued under the law.

¶4To verify the authenticity of the issue raised by the petitioner, we required the respondents in the SSA to provide the information to the Court as to what had happened to the earlier selection process which was initiated as per the advertisement at Annexure-3, page 27 to the writ petition. Mr. P Nayak, learned counsel for the respondents in the SSA has produced a Notification bearing Memo No.SSA/DMC/SSM/KGBV/Gen/24/2017/217-A dated 28.08.2023 of the District Mission Coordinator SSA, South Salmara Mankachar that a decision had been taken that all fresh engagement of teaching and non-teaching staff inside KGBVs (Type-III) would be filled up only by eligible female candidates. It is stated that in view of such decision, the earlier selection process initiated vide Annexure-3, page 27 to the writ petition had been abandoned by the authorities. As it a stated stand of the respondents in the SSA that the earlier selection process pursuant to the advertisement vide Annexure-3, page 27 to the writ petition had been abandoned by referring to the Notification dated

28.08.2023, we are of the view that in this writ petition in the present form, we do not notice any infirmity in the advertisement at page 30 which is assailed in Page No.# 4/4 this writ petition. But, however, if the petitioner is aggrieved by the process of abandoning the earlier selection process initiated by the advertisement at Annexure-3, page 27 to the writ petition, the petitioner may be assail the same by filling appropriate application, if so advised.

¶5Writ petition stands closed with the aforesaid liberty.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010207662023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5392/2023o FAZLAoWAHIDoAHMEDo S/O-oMOTIORoRAHMANoAHMED,oR/O-oVILLAGE-oTUMNI,oSIMLAKANDI,o P.O.oTUMNI,oPS-oSOUTHoSALMARA,oDISTRICT-oSOUTHoSALMARAo MANKACHAR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o DEPARTMENToOFoSCHOOLoEDUCATIONo(SECONDARY),oDISPUR,o GUWAHATI-06 2:THEoMISSIONoDIRECTOR oASOMoSARBAoSIKSHAoABHIJANoMISSION oKAHILIPARA oGUWAHATI-19 3:THEoDISTRICToMISSIONoCO-ORDINATOR oSSA oSOUTH-SALMARA oMANKACHAR oPO-oHATSINGIMARI oDIST.-oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-o783135 4:THEoSELECTIONoCOMMITTEEoOFoKGBVoRECRUITMENToBOARDoOFo SOUTHoSALMARA oMANKACHAR oREPRESENTEDoBYoITSoCHAIRMAN oTHEoDISTRICToCOMMISSIONERoPO-oHATSINGIMARI oDIST.-oSOUTHoSALMARAoMANKACHAR Page No.# 2/4 ASSAM PIN- 783135 5:THE DISTRICT PROGRAMME OFFICER (DPO) SOUTH SALMARA MANKACHAR PO- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 783135 6:ROFIUL ALOM AHMED S/O- LATE NURJAMAL AHMED R/O- VILLAGE- ROGHUPARA PO- FEKAMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN- 78313 Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : SC, SSA BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA