GAHC010201902022 2025:GAU-AS:5661-

DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WA/326/2022 BONALI DUTTA CHANGMAI AND ANR .

W/O- SRI BIPLOB CHANGMAI, R/O VILL.- GOWAL GAON, P.O.- GOWAL CHAPORI, P.S. and DIST.- DHEMAJI, ASSAM, PIN- 787057.

2: MAUCHUMI DEKA W/O- MR. RAMEN KUMAR BARUAH R/O- WARD NO. 5 BHARALICHUK P.O.

P.S. and DIST.- DHEMAJI ASSAM PIN- 787057 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, GENERAL ADMINISTRATION DEPTT., SACHIVALAYA, DISPUR, GHY- 6.

2:THE UNDER SECY. TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT.

SACHIVALAYA DISPUR GHY- 6.

3:THE DY. SECY. TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT.

SACHIVALAYA DISPUR GHY- 6.

4:THE DY. COMMISSIONER DHEMAJI DIST.- DHEMAJI.

5:MISS MANASHI HAZARIKA D/O SRI BIPUL HAZARIKA RESIDENT OF DHEMAJI TOWN WARD NO. 3 PO PS AND DIST DHEMAJI ASSAM 78705 Advocate for the Petitioner : MR S BORTHAKUR, MR. P. SINGHA Advocate for the Respondent : GA, ASSAM, MR. P J PHUKAN (R5),SC, GAD Linked Case : WA/10/2023 MANASHI HAZARIKA D/O SRI BIPUL HAZARIKA R/O DHEMAJI TOWN W/NO.3 P.O. and P.S. and DIST- DHEMAJI ASSAM PIN-787057 VERSUS THE STATE OF ASSAM AND 6 ORS.

REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM DISPUR GHY-6

2:THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT.

DISPUR GHY-6

3:THE COMMISSIONER NORTH ASSAM DIVISION TEZPUR DIST- SONITPUR ASSAM PIN-784001

4:THE ADDL. SECY. TO THE GOVT. OF ASSAM GENERAL ADMINISTRATION DEPTT.

DISPUR GHY-6 ASSAM

5:THE DY. COMMISSIONER DHEMAJI DIST- DHEMAJI ASSAM PIN-787057

6:MRS. BORNALI DUTTA CHANGMAI W/O SRI BIPLAB CHANGMAI R/O GOWAL CHAPORI P.O. and P.S. and DIST- DHEMAJI ASSAM PIN-787057

7:MOUCHUMI DEKA D/O LT. SADANANDA DEKA VILL. BHARALICHUK P.O. and P.S. and DIST- DHEMAJI ASSAM PIN-787057 ------------

Advocate for : MR. P J PHUKAN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 6 ORS.

BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR HONOURABLE MR. JUSTICE BUDI HABUNG Date : 30-04-2025 Date of hearing : 24.11.2023 Date of Judgment : 30.04.2025 JUDGMENT & ORDER (CAV)

(L.S. Jamir, J)

Heard Mr. D. Das, learned senior counsel assisted by Mr. S. Borthakur, learned counsel for the appellants in Writ Appeal No.326/2022 and Mr. P.J. Phukan, learned counsel for the appellant in Writ Appeal No.10/2023. Also heard Mr. B. Gogoi, learned Standing Counsel, GAD, representing the respondent Nos. 1, 2 and 3 in Writ Appeal No.326/2022 and respondent Nos. 2 & 4 in Writ Appeal No.10/2023, Mr. R.K. Bora, learned Government Advocate, representing the respondent Nos. 4 in Writ Appeal No. 326/2022 and respondent Nos. 1, 3 and 5 in Writ Appeal No.10/2023.

2. These two appeals are preferred against a common judgment and order dated 08.09.2022 passed by the learned Single Judge in WP(C) No.5430/2016 and WP(C) No.6730/2016.

3 The Deputy Commissioner, Dhemaji, published an Advertisement on 04.04.2007, inviting applications from eligible candidates for filling up of few posts of amalgamated establishment of Deputy Commissioner’s Office, Dhemaji. Amongst the posts advertised, there were two posts of Stenographer with the educational qualification of having 10+2 with Shorthand and Typing speed of 80 and 30 words per minute respectively. It was also provided that preference will be given to Computer Diploma Holders and having knowledge of Word Processing. However, in the said recruitment process, there were no qualified candidates to fill up the posts of Stenographers.

4 Thereafter, the Deputy Commissioner, Dhemaji published another Advertisement on 27.02.2008 for filling up two posts of Stenographers and the educational qualifications stipulated therein was HSSLC Examination or an equivalent Examination of recognized University or Board with Shorthand and Typing speed of 80 and 30 words per minute respectively. It was also provided that preference will be given to Computer Diploma Holders and having knowledge of Word Processing. Further, the scale of pay