IMPORTANT POINT
The court emphasized the importance of considering the petitioners for appointment in the vacancies available and prohibited the filling of any post without considering the petitioners.

JUDGMENT :

Suman Shyam, J

By this common judgment and order, we propose to dispose of two writ appeals, i.e. W.A. No. 323/2021 and W.A. No. 50/2022, since common questions of law and facts are involved in both these appeals. The facts and circumstances, giving rise to filing of the two writ appeals, as appearing from the materials available on record, shorn of unnecessary details, are narrated here-in-below.

2. The Inspector General of Police (Admn.) of Assam Police had published advertisement notice dated 20-02-2009 inviting applications for recruitment in the posts of Armed Branch Constable in the Assam Police (for ONGC security) Battalion/ 24th Assam Police (IR) Battalion and 1002 vacant posts of Armed Branch Constable. According to the advertisement notice, the recruitment rally was to be conducted in different Police districts/ Battalions in the month of June, 2009. The advertisement notice, inter alia, provided that 10% of the vacancies would be reserved for women candidates. In response to the advertisement notice dated 20-02-2009, a large number of candidates including the writ appellants had submitted their applications. It appears that the appellants are candidates from the Sivasagar district of Assam.

3. The selection procedure, which was conducted district-wise, comprised of (a) physical measurement and fitness test and (b) personal interview. After completion of the selection process and publication of the employment notice containing the roll numbers of the selected candidates, as many as 167 unsuccessful candidates, pertaining to Sivasagar district, had approached this Court by filing W.P.(C) No. 2725/2010, inter alia, contending that there were large scale anomalies in the selection process, and by providing cut-off marks subsequently, the respondents had changed the rules of the game.

4. After hearing the arguments of both the parties, the learned Single Judge had disposed of W.P.(C) No. 2725/2010 by the judgment and order dated 22-02-2019 with a direction upon the respondents to consider the case of the writ petitioners for appointment in the post of Armed Branch Constable (AB Constable) with a further direction that the respondent shall not fill up any post of Armed Branch Constable without considering the case of the petitioners.

5. Pursuant to the aforesaid direction passed by the judgment and order dated 22-02-2019 the Addl. Director General of Police (Admn.) Assam had conducted an enquiry into the matter where-after, he had arrived at the conclusion that many of the writ petitioners either (a) did not apply for the recruitment test, or (b) did not appear in the recruitment test, or (c) failed in the Physical Efficiency Test (PET), or (d) failed in viva-voce interview, or (e) obtained marks less than the cut-off marks, for which they were not selected. As such, by issuing a speaking order dated 21-10-2019, the Addl. Director General of Police (Admn.) had opined that the writ petitioners did not come within the zone of consideration for appointment as AB Constable. It was also mentioned in the order dated 21-10-2019 that “this dispose of the Hon’ble Gauhati High Court order dated 22-02-2019”.

6. In the meantime, by issuing advertisement notice dated 25-04-2018, the respondent authorities had invited fresh applications for filling up a number of posts of AB Constable as well as Unarmed Branch Constable in the Assam Police. Subsequently, by issuing a corrigendum notice dated 21-08-2020 the Addl. Director of Police (Admn.) had also notified that the expression “this dispose of the Hon’ble Gauhati High Court order dated 22-02-2019” appearing in the order dated 21-10-2019 would stand omitted and the same may be read as “further action will be taken in the matter subject to outcome of the writ appeal being preferred before the Hon’ble High Court against the judgment and order dated 22-02-2019 passed in W.P.(C) No. 2725/2010 and W.A. No. 323/2021”.

7. Aggrieved by the speaking order dated 21-10-2019 as well as co