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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Nozrul Islam Laskar S/o Late Basir Uddin Laskar - Appellant
Versus
The Gauhati High Court and Others - Respondents
W.P. (C) Nos. 2325, 2410, 3408 of 2025
Decided On : 31-07-2025
| Table of Content |
|---|
| 1. overview of the writ petitions. (Para 1 , 2 , 3) |
| 2. eligibility criteria and selection process. (Para 4 , 5 , 6) |
| 3. challenge to the notification based on candidate eligibility. (Para 7 , 8 , 9) |
| 4. response of the respondents to the challenges. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. arguments presented by petitioners. (Para 18 , 19 , 20 , 21 , 23) |
| 6. argument against grade-iii inclusion in grade-i selection. (Para 22) |
| 7. court's observations regarding maintainability. (Para 24 , 27 , 29 , 30) |
| 8. discussion on the applicability of shetty commission's recommendations. (Para 34 , 35 , 39) |
| 9. court's decision and directives regarding selection process. (Para 42 , 44 , 46) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. P.K. Roychoudhury, the learned counsel appearing on behalf of the petitioners in WP(C) No. 2325/2025; Mr. M.A. Sheikh, the learned counsel appearing on behalf of the petitioner in WP(C) No. 2410/2025 and Mr. L. Mohan, the learned counsel appearing on behalf of the petitioners in WP(C) No. 3408/2025. Mr. H.K. Das, the learned Standing Counsel appears on behalf of the Gauhati High Court. Mr. T.R. Gogoi, the learned Government Advocate appears on behalf of the Judicial Department of the Government of Assam and Mr. S. Das, the learned counsel appears on behalf of the private respondents.
2. The challenge made in the 3 (three) writ petitions relate to a Notification dated 22.04.2025 whereby the private respondents in WP(C) No. 2325/2025 were selected for promotion to the post of Stenographer Grade-I in the District Courts of Assam. The challenge to the impugned Notification by the petitioners in the respective writ petitions are on different grounds, but taking into account that it relates to the challenge to the impugned Notification dated 22.04.2025, all the 3 (three) writ petitions are taken up together for disposal by this common judgment and order.
3. Before proceeding to analyze the dispute, this Court finds it relevant to take note of the brief facts and the respective challenges made by the petitioners in the 3 (three) writ petitions infra.
WP(C) No. 2325/2025
4. The petitioners herein are working as Stenographer Grade-II in the District Judiciary of Assam. Pursuant to a Notification dated 09.12.2024 issued by the Registrar (Administration)-cum-In charge, Centralized Recruitment, Gauhati High Court inviting applications from serving Stenographers of the District Courts of Assam for participation in the promotional process for promotion to Stenographer Grade-I, the petitioners herein participated in the said selection process. Along with the petitioners, 133 other candidates have also participated in the said selection process. Out of the total 135 numbers of eligible candidates as per the Notification issued on 09.12.2024, 32 numbers of candidates were from Stenographer Grade-II and 103 numbers of candidates were from Stenographer Grade-III. This aspect of the matter would be apparent from a perusal of Annexure-5 of WP(C) No. 2325/2025. Pursuant to the publication of the list of provisionally eligible candidates, which is annexed as Annexure-5 to WP(C) No. 2325/2025, a selection was held in the manner provided in the Notification dated 09.12.2024. At this stage, it is relevant to take note of the manner in which the selection proceedings were to be conducted as stipulated in the Notification dated 09.12.2024 which is reproduced herein under:
“Eligible stenographers, who furnish their options, will have to appear in a Speed Test as indicated below:
| Speed Test for promotion to Grade-I | ||
| Sl. No. | Subject | Time/Marks |
| 1 | Voice testing before dictation | 2 minutes |
| 2. | Speed test in Shorthand at a speed of 80 words per minute (Duration 7 minutes) [560 words] | 50 marks/Duration 7 minutes |
| 3. | Time to be given to the candidates for testing the Computer | 3 minutes |
| 4. | Time for transcription of the dictated portion | 20 minutes |
| 5. | Candidates securing 30 or more marks out of 50 will be eligible for promotion to Grade-I” | |
5. From the above quoted procedure, so stip
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