A candidate from a reserved category can compete for Unreserved women positions based on merit, and statutory reservation requirements must be strictly adhered to.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Mr. R. J. Das, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Sarma, the learned counsel along with Mr. H. K. Das, the learned Standing counsel of the Gauhati High Court appearing on behalf of the Respondent Nos. 3, 4 & 5 and Mr. S. Das, the learned counsel appearing on behalf of the Respondent Nos. 6 to 16.

2. The present petition has been filed challenging the select list dated 18.02.2024 and seeking directions that the highest ranked woman candidate in the Unreserved category covering four vacancies after making necessary corrections and/or deletions in the list of successful candidates be incorporated in the fresh select list. The Petitioner has also assailed the advertisement dated 10.08.2022 on the ground that the said advertisement is in violation of the Assam Women (Reservation of Vacancies in Service and Posts) Act, 2005 (for short ‘the Act of 2005’) and the Rules framed therein under.

3. The facts leading to the filing of the present petition are that an advertisement was issued on 10.08.2022 by the Respondent No.4 inviting applications for filling up of Grade-IV post in the establishment of the District and Sessions Judge, Cachar, Silchar. From a perusal of the said advertisement, it is seen that there are total 11 Nos. of posts and the eligibility criteria was that the candidates must have passed Class VIII or read up to Class XII and those candidates who have passed Class XII or above, shall be ineligible to apply. It was also mentioned that the candidates possessing special skills would be given preference. Further to the said, it is also relevant to take note of that out of the 11 (eleven) posts, 4 (four) posts were earmarked for the Unreserved category; 3 (three) posts for OBC/MOBC, 1 (one) post for ST(H); 1 (one) post for ST(P), 1 (one) post for SC and 1 (one) post for EWS. The said advertisement also mentioned that the horizontal reservation in respect of PWD and women candidates would be provided as per the Government Rules.

4. This Court further finds it relevant to observe that at Clause 3 of the terms and conditions of the advertisement, it was stipulated that the applications must be submitted with self-attested copies of all testimonials/certificates in support of age, educational qualification and caste etc. along with 4 (four) recent passport size photographs with the application with mobile number preferably whatsapp number. The applications were required to be submitted during the office hours on or before 31.08.2022 and it was also mandated that no application would be entertained beyond the said period. The Petitioner along with various other candidates applied for the said posts advertised vide the advertisement dated 10.08.2022.

5. Before further proceeding, it is relevant to observe that the Petitioner at the latter stage of the present proceedings stated her claim that she belongs to the OBC category. The materials on record however show that the Petitioner applied as a General candidate. This aspect this Court would be dealt with in more detail at the later stage of the present judgment.

6. Moving forward, it is relevant to note that the evaluation was made by the Selection Board and the total marks obtained in the written and viva voce by all the candidates were published by the office of th