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GAHC010191892022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6189/2022 ARUN CHANDRA DAS S/O- SUREN CHANDRA DAS, R/O- H.NO. 1, VILL- AMINGAON MADHYAM, P.O. AMINGAON- 781031, DIST.- KAMRUP, ASSAM, D.O.B.- 31.01.1975, PHONE- 98642-16826 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY. OF THE GOVT. OF ASSAM, REVENUE AND D.M. DEPTT., DISPUR, GHY-06
2:THE DY. COMMISSIONER KAMRUP DISTRICT AMINGAON GHY-31 ASSAM
3:THE SELECTION BOARD FOR SELECTION OF GAON PRADHANS KAMRUP DISTRICT AMINGAON GHY-31 REP. BY ITS MEMBER-SECRETARY
4:THE CIRCLE OFFICER NORTH GUWAHATI REVENUE CIRCLE AMINGAON GHY-31 DIST.- KAMRUP ASSAM
5:AMARJYOTI DAS S/O- LT. DAMBARUDHAR DAS R/O- H.NO. 1 VILL- AMINGAON MADHYAM P.O. AMINGAON P.S. NORTH GUWAHATI DIST.- KAMRUP ASSAM- 78103 Advocate for the Petitioner : MR. B D KONWAR SR. ADV.
Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
['B D KONWAR SR ADV', '', 'J SINGH', 'P DOLEY', 'D BRAHMA', 'H AGARWAL', 'R KALITA', 'SC', 'REVENUE', '', 'GA', 'ASSAM']
ORDER
Date : 21-09-2022 Heard Mr. B D Konwar, learned senior counsel for the petitioner. Also heard Ms. P R Mahanta, learned counsel for the respondent no. 1 being the Revenue and Disaster Management Department, Government of Assam and Mr. C S Hazarika, learned Junior Government Advocate for the respondents no. 2, 3 and 4 being the authorities under the Deputy Commissioner, Kamrup at Amingaon.
2. Considering the nature of the grievance raised, we are of the view that the respondent no. 5 is not a necessary party in this writ petition. Accordingly, the said respondent stands deleted.
3. The petitioner appeared in a selection process for the post of Gaon Pradhan in respect of Amingaon-Numalijalah village in the Kamrup district as per the advertisement dated 01.12.2021 issued by the Deputy Commissioner, Kamrup at Amingaon. The advertisement itself provides that the allotment of marks for viva-voce interview would be 50 (fifty) marks with a breakup of 10 (ten) marks, amongst others, for being a member of the family of a Gaon Pradhan or a Mouzadar. The grievance raised by the petitioner is that he is a family member of the earlier Gaon Burah/Gaon Pradhan and therefore, in the selection process, he is entitled to 10 (ten) marks under the breakup for the 50 (fifty) marks but the said 10 (ten)
marks had not been given to him.
4. Instead of issuing notice and passing any interim order, we are of the view that the balance of convenience would be met as well as the irreparable loss of the petitioner would be taken care of on a direction being issued to the Deputy Commissioner, Kamrup at Amingaon to examine from the records as to whether the petitioner as per his eligibility would be entitled to 10 (ten) marks in the breakup of 50 (fifty) marks for the interview towards being a family member of the earlier Gaon Burah/Gaon Pradhan and if yes, whether the said 10 (ten) marks was allotted to the petitioner in the selection process. Upon examining the records, the Deputy Commissioner may pass a reasoned order.
5. The selection process be carried forwarded further only after the Deputy Commissioner passing the reasoned order as indicated above. In other words, till such reasoned order is passed, the selection process in respect of Amingaon-Numalijalah village in the Kamrup district pursuant to the advertisement dated 01.12.2021 be not carried forward. The reasoned order be passed within a period of 15 (fifteen) days from the date of receipt of certified copy of this order. The Deputy Commissioner thereafter, shall do the needful by following the due procedure of law to give effect to the reasoned order if the same is found in favour of the writ petitioner.
Writ petition stands disposed of as indicated above.
JUDGE Comparing Assistant
