GAHC010259282024

FR

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

PRINCIPAL SEAT

W.P(C) N . 6583/2024

O

Smti. Geeta Kakati Pathak,

Aged about 56 years

W/O Shri Mrinal Kr. Pathak,

Resident of Barpeta Ambarihati,

Ward No. 5, Near T.R.P Hall,

P.O Barpeta, P.S. Barpeta,

District, Barpeta, Assam

……..Petitioner

-Versus

1. The State of Assam

Represented by the Commissioner and Secretary to the Government of Assam, General Administrative

Department, Dispur, Guwahati-6

2. The Selection Board for Selection of

candidates for the post of Administrative Officer in the Office of the District

Commissioner, Bajali

Represented by its Chairman, Commissioner and Secretary to the Govt. of Assam, General

Administrative Department, Dispur, Guwahati-6

3. The District Commissioner, Bajali, P.O Pathsala,

District-Bajali

4. Sri Rupam Thakuria,

Sr. Assistant, Office of District Commissioner,

Nalbari, P.O and Dist- Nalbari

5. Ramani Malakar, Supervisory Assistant, Office of

District Commissioner, Nalbari. (Notice to be sent through District Commissioner, Nalbari), P.O and

District-Nalbari;

6. Bhupesh Sarma, Supervisory Assistant, Office of District Commissioner, Bajali. (Notice to be sent through District Commissioner, Bajali), P.O and District: Bajali ……..Respondents W.P(C) N . 1338/2024 O Smti. Geeta Kakati Pathak, Aged about 56 years W/O Shri Mrinal Kr. Pathak, Resident of Barpeta Ambarihati, Ward No. 5, Near T.R.P Hall, P.O Barpeta, P.S. Barpeta, District, Barpeta, Assam ……..Petitioner -Versus

1. The State of Assam Represented by the Commissioner and Secretary to the Government of Assam, General Administrative Department, Dispur, Guwahati-6

2. The Selection Board for Selection of candidates for the post of Administrative Officer in the Office of the District Commissioner, Bajali Represented by its Chairman, Commissioner and Secretary to the Govt. of Assam, General Administrative Department, Dispur, Guwahati-6

3. The District Commissioner, Bajali, P.O Pathsala, District-Bajali

4. Sri Rupam Thakuria, Sr. Assistant, Office of District Commissioner, Nalbari, P.O and Dist- Nalbari ……..Respondents B E F O R E – –

SOUMITRA SAIKIA HON’BLE MR. JUSTICE Advocate for the petitioner :Mr. P.K Roy Choudhury, Advocate Advocate for the respondents :Mr. A Chakrabarty, Government Advocate Mr. A Phukan, SC, GAD Mr. R Islam, Advocate for respondent No. 4  Date on which Judgment was reserved : N/A  Date of Pronouncement of Judgment : 02.12.2025  Whether the pronouncement is of the Operative Part of the Judgment : No  Whether the full Judgment has been Pronounced : Yes

JUDGMENT AND ORDER (ORAL)

These writ petitions are filed by the petitioner assailing the appointment of the private respondent No. 4 to the post of Administrative Officer under the Assam Ministerial District Establishment Service Rule, 1967. Both the petitioner and the private respondent were serving as Senior Assistant in the district of Bajali. Pursuant to an advertisement issued by the Office of the Deputy Commissioner for filling up of the post of Administrative Officer in the amalgamated establishment of Deputy Commissioner, Bajali by Advertisement dated 17.07.2021, both the Petitioner and the private respondent along with other similarly situated persons submitted their candidatures. Their candidatures were duly considered and pursuant thereto, the Selection Board recommended the appointment of the private respondent for the post of Administrative Officer. In pursuance thereto, the competent authority in the government issued the appointment order dated 02.03.2024.

2. Writ Petition No. 1338 of 2024 was filed by the petitioner challenging the recommendations of the selection body. Subsequently when the appointment order came to be issued, W.P(C) No. 6583 of 2024 was filed. Both the writ petitions therefore, are taken up together for hearing and disposal.

3. Mr. P.K. Roy Chaudhary, learned counsel representing the writ petitioner has assailed the recommendation and the consequential appointment to