Point of Law : 10. Rules would be applicable only in case of next kin of the person who is a martyr or who is physically disabled and not in case of a person who had participated in Assam Movement like in case on hand.

JUDGMENT :

R.M. CHHAYA, J.

1. Heard Mr. B. Islam, learned counsel for the appellant. Also heard Mr. J. Handique, learned Standing Counsel, Revenue Department as well as Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam for the respondents.

2. Feeling aggrieved and dissatisfied with the judgment and order dated 01.06.2022 passed by the learned Single Judge in W.P.(C) No. 3415/2022, the appellant/original petitioner has preferred this appeal.

3. The following facts emerge from the record of the appeal: It is the case of the appellant that her father Mukunda Bora was an active participant of the Assam Movement. It is the further case of the appellant that while taking part in the Assam Movement, her father sustained injuries on 24.02.1983 and because of the injury so sustained, her father became physically disabled. Relying upon a certificate dated 05.12.2000 issued by the All Assam Students’ Union, the appellant claims that she is entitled to preferential appointment being a daughter of the victim. The appellant has also relied upon a certificate dated 28.10.2021 issued by the Additional District Magistrate, Nagaon to the effect that her father is a ‘downtrodden person’ in connection with his participation in the Assam Movement on the problem of foreigners. Thus, it is the case of the appellant that as per the provisions of the Assam Public Services (Preferential Appointment) Rules, 1999 (hereinafter referred to as ‘the Rules’ for the sake of brevity), she has every right to get employment under the provisions of the Rules. The record indicates that the appellant approached the authorities by filing representation dated 03.09.2021, which was not considered and hence, the appellant approached this Court by way of filing a writ petition under Article 226 of the Constitution of India and prayed for an appropriate writ, order or direction directing the authorities to appoint her in any Grade-III or Grade-IV post under the provisions of the Rules. The appellant/original petitioner predominantly relied upon the certificate dated 05.12.2000 issued by the All Assam Students’ Union, which is in the form of “Victim Certificate” and so also the certificate dated 28.10.2021 issued by the Additional District Magistrate, Nagaon, which is to the effect that the appellant’s father is a ‘downtrodden person’ in connection with his participation in the Assam Movement on the problem of foreigners.

4. The learned Single Judge after hearing the learned counsels for the parties, was pleased to dismiss the writ petition and hence, this appeal.

5. Mr. B. Islam, learned counsel for the appellant reiterated the contentions which were raised before the learned Single Judge and contended that the petitioner belongs to the category of ‘Affected Candidate’ as defined in Rule 2(a) of the Rules and, as such, the appellant would be entitled to preferential appointment. It was contended by Mr. Islam that the learned Single Judge has not considered the materials on record and has wrongly come to the conclusion that the 1999 Rules are not applicable to the facts of the present case and thus committed an error in dismissing the writ petition. It was also contended that the learned Single Judge has wrongly brushed aside the cogent evidence in the form of certificate issued by the Additional District Magistrate, Nagaon as well as by All Assam Students’ Union. It was therefore contended that the appeal be allowed, as prayed for.

6. Per contra, Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam has contended that the learned Single Judge has not committed any error in dismissing the writ petition. Mr. Borah contended that only because the relationship is established, the same would not ipsofactomean that the appellant would be entitled to the benefits under the Rules. Mr. Borah contended that the certificate issued by the Additional District Magistrate, Nagaon is only to the effect that the appellant’s father is a ‘downtrodden person’ in co