IN THE HIGH COURT OF GAUHATI
P.G. Agarwal, Amitava Roy and Biplab Kumar Sharma, JJ.
State of Assam and Ors.
Vs.
Rimki Buragohain and Ors.
Decided On : 06.12.2006
[CATEGORY] [SUB-CATEGORY]
Fact of the Case:
The batch of writ appeals, heard analogously, is directed against the judgment and order dated 12.12.2005 disposing of 222 writ petitions filed challenging the legality and validity of selection of constables in the police department of the State.
Finding of the Court:
The Court held that the selection process was vitiated by gross illegality and accordingly it has rightly been set aside and needs no interference.
Issues: 1. Whether the procedure adopted by the learned Single Judge in conducting the proceedings is not in derogation of the established judicial procedure thereby rendering the impugned judgment and order non est in law? 2. Whether the learned Single Judge has committed any error of fact or of law in fixing the bench mark of maximum 250 candidates per day? 3. Whether the selection/interview conducted in a span of 9 days within the permissible working hours conformed to this requirement?
Ratio Decidendi: 1. The Court held that the procedure adopted by the learned Single Judge in conducting the proceedings is not in derogation of the established judicial procedure thereby rendering the impugned judgment and order non est in law. 2. The Court held that the learned Single Judge has committed any error of fact or of law in fixing the bench mark of maximum 250 candidates per day. 3. The Court held that the selection/interview conducted in a span of 9 days within the permissible working hours conformed to this requirement.
Final Decision: The writ appeals except the ones pertaining to Karimganj district, Hailakandi district, Commando Battalion and Kamrup DEF and 10th AP Battalion are dismissed. The writ appeals in respect of those four centers are allowed subject to the observations and directions issued.
1. This batch of writ appeals, heard analogously, is directed against the judgment and order dated 12.12.2005 disposing of 222 writ petitions filed challenging the legality and validity of selection of constables in the police department of the State. By the impugned judgment and order, the learned Single Judge while upholding selections in respect of 10 districts/battalions has set aside and quashed the selections of other districts/battalions. The writ appeals are against that part of the judgment by which the selections in respect of 15 districts/battalions have been set aside. The appeals have been preferred both by the State as well as by the selected candidates. The districts/battalions, selections of which have been upheld and cancelled are indicated below:
2. Altogether 5500 posts of constables were advertised by the State. The posts were meant for all the districts throughout the State. The employment notice dated 21.8.2004 was published in the leading newspapers of the State. In the notice, district/battalion wise vacancies with the vacancies meant for the reserved category candidates were indicated. In the notice itself the dates for recruitment rally and the venues thereof in each districts were indicated. The minimum physical standards both for male and female candidates to be eligible for offering candidatures were also indicated. The prescribed qualification was, read upto Class-VIII and the age limit fixed was, between 18-25 years as on 1.1.2004 relaxable by three years in case of candidates belonging to SC/ST. 10% of the vacancies were to be filled up by women candidates. Further 5% of the vacancies were reserved for compassionate appointments. The selection procedure indicated in the notice is as follows:
All candidates will have to undergo test on physical standard as stated above, if their application forms found correct and in order in all respect. Candidates found to have any physical deformity duly certified by the medical officer present in the test, shall be rejected. Thereafter, all male candidates will be asked to run a race of 1.60 KM and female candidates qualified in the race shall be allowed to appear for subsequent test mentioned below.
Only candidates who qualify in the physical efficiency test shall be short listed for appearing in the personal interview (viva voce) (c) Final selections will be made district/battalion wise on the basis of the over all merit on physical efficiency test and personal interview (viva voce) and reservation of quota under RVSP Act, 1978.
3. The employment notice was forwarded to the Director General of Police (DGP) & Inspector General of Police (IGP), Assam by the Commissioner and Secretary to the Government of Assam in the Home Department on 11.8.2004 and on the same date a notification was issued by the Department conveying the constitution of the Selection Board for selection of candidates for the posts of constables for each districts. The Selection Board was constituted as follows:
1. Superintendent of Police/Commandant (whoever is senior - Chairman)
2. Superintendent of Police/Commandant (whoever is junior - Member)
3. One Medical officer (to be nominated by the Joint Director, Health Services of the District) - member
In the districts, where there is no Battalion headquarter, the Commandant of the nearest Battalion was to be the Chairman or Member as the case may be, to be nominated by the DGP. In the notification constituting the Selection Board, it was also provided that the Selection Board shall also consider candidates having HSLC or equivalent qualification or above from recognized Board/University of Assam for recruitment to District Executive Force (UB).
4. After the aforesaid employment notice, a guideline for conducting the recruitment test was issued on 2.9.2004 by the IGP (Admn.) addressed to all concerned. As per the said guideline, entry of candidates into the recruitment rally ground was restricted to 5000 on a single day. The candidates were to
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