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2024 Supreme(Gau) 1016

SANJAY KUMAR MEDHI
CHAYANIKA PHUKAN C/O URMILA PHUKAN – Appellant
Versus
STATE OF ASSAM – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: K.K. Mahanta, K. Singha, S. Gautam.
For the Respondents: N. Gautam, A.S. Tapader, R.M. Deka, D.J. Das, N. Mahanta, K.N. Choudhury, P. Nayak, T.C. Chutia, P.P. Dutt.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The instant petition filed under Article 226 of the Constitution of India pertains to a recruitment process for the post of Junior Engineer (Civil) under the Panchayat and Rural Development Department (hereinafter P & RD Department). The issue is with regard to the claim of the petitioners under the Economically Weaker Section (EWS) category.

2. As per the facts projected, the petitioners are all qualified to be appointed in the aforesaid post of Junior Engineer (Civil). An advertisement was published on 24.06.2020 for filling up 344 posts of Junior Engineer (Civil) in the P & RD Department. The said recruitment was to be done through the Assam Public Service Commission (APSC). Out of the 344 total nos. of posts, 33 posts were reserved for EWS category. The petitioners claim to belong to the EWS category and had accordingly applied for the said posts. In the selection held, the petitioners claimed to have been selected. The grievance of the petitioners is that in spite of such selection, the petitioners have not been afforded the appointment and on the other hand, candidates who have secured less marks than the petitioners in the Final Select List

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