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2025 Supreme(Gau) 666
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
VIJAY BISHNOI, C.J., KAUSHIK GOSWAMI, J.
Shri Ranjit Kumar Pegu, S/o Late Ardh Sing Pegu - Appellant
Versus
The State of Assam - Respondents
Writ Petition (Civil) No.6574 of 2023
Decided on : 20-03-2025
Advocate Appeared:
For the Petitioner:Mr. M. Talukdar, Advocate, Mr. P. P. Dutta, Advocate.
For the Respondents:Mr. D. K. Sarmah, Ms. P. Sarma, Advocate on behalf of Mr. T.J. Mahanta, Sr. Advocate
The deletion of 'Commerce' from educational qualifications for the Director's post was upheld as reasonable, with the court affirming limited grounds for judicial review of legislative amendments.
Headnote:(A) The Assam Economic and Statistical Service (Amendment) Rules, 1995 - The petitioner challenged the amendment that deleted 'Commerce' from the educational qualifications for the post of Director of Economics and Statistics, claiming it was unconstitutional and discriminatory. The court found the amendment reasonable and in accordance with the law. (Paras 3, 12, 19)
(B) Judicial Review - The court emphasized that it cannot interfere with legislative amendments unless they violate fundamental rights or lack legislative competence. (Paras 17, 18)
Facts of the case:
The petitioner, a holder of a Master's degree in Commerce, was denied eligibility for the Director's post due to the amendment of the educational qualifications in the 1973 Rules, which removed 'Commerce' as a qualifying subject. (Paras 3, 4)
Findings of Court:
The court held that the amendment was reasonable and did not violate any constitutional provisions, thus dismissing the writ petition. (Paras 19, 20)
Issues: The main issues were whether the deletion of 'Commerce' from the qualifications was unconstitutional and whether the petitioner had grounds for the challenge. (Paras 15, 19)
Ratio Decidendi: The court ruled that the amendment was a correction of an inadvertent inclusion and did not infringe upon the petitioner's rights, emphasizing the limited grounds for judicial review of legislative actions. (Paras 17, 18)
Result: Writ petition dismissed.
JUDGMENT :
Kaushik Goswami, J.
Heard Mr. M. Talukdar, learned Counsel and Mr. P.P. Dutta, learned Counsel appearing for the petitioner. Also heard Mr. D.K. Sarmah, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos. 1, 2, 3, & 5, and Ms. P. Sarma, learned Counsel appearing on behalf of Mr. T.J. Mahanta, learned Senior Advocate, Standing Counsel, APSC, appearing for the respondent No.4.
2. By way of this writ petition, the petitioner is challenging the advertisement dated 25.08.2023 published in the English Daily, namely, Assam Tribune, issued by the Assam Public Service Commission, for recruitment to the post of Director of Economics & Statistics under the Transformation and Development Department, Government of Assam as per The Assam Economic and Statistical Service (Amendment) Rules, 1995 (hereinafter referred to as the “impugned amended Rules”).
3. The brief facts of the case are that pursuant to an advertisement, the petitioner applied for the post of Statistical Officer under the Transformation and Development Department in Assam Economic and Statistical Service. Thereafter, the petitioner was called for interview and accordingly, he appeared and after the selection process being duly completed, he was appointed to the post of Statistical Officer in the year 1992. Thereafter, the petitioner was promoted to the post of Research Officer and later on again promoted to the post of Senior Research Officer. Thereafter, the petitioner’s service was regularized as Senior Research Officer. Later on, the petitioner was promoted to the next higher rank of Joint Director of Economics and Statistic which was regularized by order dated 17.06.2019.
It is the case of the petitioner that the next promotional post is the post of Additional Director of Economics and Statistic and the writ petitioner is placed at Serial No.5 in the final gradation list. It is the further case of the petitioner that the petitioner came to know from the advertisement dated 25.08.2023 published in the Assam Tribune for the subject post of Director of Economic and Statistic that the requisite educational qualification for eligibility for the said post was prescribed as minimum second Class in Master Degree in Statistics, Mathematics, Economics from a recognized University or its equivalent.
It is the further case of the petitioner that the respondent authorities, by amendment of the 1973 Rules, deleted ‘Commerce’ from the educational qualification for the post of Director and Master Degree in Commerce, which was also one of the prescribed educational qualifications under the Assam Economic and Statistical Service Rule, 1973 (hereinafter referred to as the “1973 Rules”), was arbitrarily removed from the advertisement. Consequently, the petitioner, being a Commerce Master Degree holder, is going to be totally deprived for appointment to the said post of Director. Being aggrieved, the present writ petition has been filed.
4. Mr. M. Talukdar, learned counsel appearing for the petitioner submits that with the deletion of ‘Commerce’ from the 1973 Rules, the petitioner is being deprived for promotion to the subject post of Director. He further submits that the impugned amendment is unconstitutional, unreasonable and discriminatory. In support of the aforesaid submission, he relies upon the following decisions: -
(i) F. Lalhminglina and 3 Ors., V. State of Mizoram and Ors., in WP(C) No.2986/2017.
(ii) The Punjab State Co-operative Agricultural Development Bank Ltd. V. The Registrar Co- operative Societies and Ors., in Civil Appeal No(S).297-298 of 2022
(iii) Union Public Service Commission V. Girishh Jayanti Lal Vaghela and Ors., in Civil Appeal No.933 of 2006
(iv) Ajay Kumar Shukla and Ors., V. Arvind Raj and Others, in Civil Appeal No.5966 of 2021
(v) Major General H.M. Singh, USM V. Union of India and Another, in Civil Appeal No.192 of 2014
(vi) Syed Habibur Rahman V. The State of Assam and Ors., in WP(C) No.688/2014
(vii) Ravi Kumar Dhansukhal
