GAHC010211932018

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THE GAUHATI HIGH COURT

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

Case No. : WA/91/2019

1.SRI RANJIT SARKAR @ TOPA SARKAR AND ANR

S/O- LATE BHABANI SARKAR, R/O- MISSION ROAD, P.O.- BIDYA PARA,

DIST.- DHUBRI, ASSAM, PIN- 783301.

2: MD. IFTIKAR HUSSAIN

S/O- AMJED HUSSAIN

R/O- THAKURBARI ROAD WARD NO. 3

P.O. AND DIST.- DHUBRI ASSAM

VERSUS

1.SRI JAYDEB DAS AND 9 ORS.

S/O- LATE SUNIL CHANDRA DAS,

R/O- D.D. ROAD, DHUBRI TOWN UNDER DHUBRI POLICE STATION, DIST.-

DHUBRI, ASSAM.

2:THE STATE OF ASSAM

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM

AGRICULTURE DEPARTMENT DISPUR GUWAHATI- 6.

3:THE DIRECTOR OF AGRICULTURE ASSAM

KHANAPARA GUWAHATI-22.

4:THE DIRECTOR OF EMPLOYMENT AND CRAFTSMAN TRAINING

ASSAM REHABARI GUWAHATI- 08.

5:THE ASSISTANT DIRECTOR OF EMPLOYMENT

DISTRICT EMPLOYMENT EXCHANGE DHUBRI ASSAM.

6:SRI ABDUL ALIM

S/O- MD. TARIQUE HUSSAIN

R/O- VILL.- SALEKURA P.O.- JANIA DIST.- BARPETA ASSAM.

7:SRI GANGA DEKA S/O- SRI HAREN DEKA R/O- AGRICULTURE CAMPUS KHANAPARA GUWAHATI-22.

8:SRI AJAY KUMAR DEKA S/O- DINESWAR DEKA R/O- VILL.- SENAPATI PARA P.O.- BHURARGAORH ASSAM.

9:SRI PRANJAL KUMAR DEORI S/O- LATE MALEKA DEORI R/O- VILL.- NAKARI WARD NO. 01 P.O.- NORTH LAKHIMPUR LAKHIMPUR ASSAM.

10:SRI DURGA PRASAD DEORI S/O- SRI UMAKANTA DEORI R/O- VILL.- DHUNAGURI DEORI GAON P.O.- DHUNAGURI DHEMAJI ASSAM For the Appellant(s) : Mr. P.J. Saikia, Senior Advocate assisted by Ms. M. Nirola, Advocate.

For the Respondent(s) : Mr. B. Prasad, Advocate for respondent No.1.

: Mr. P. Saikia, Government Advocate, Assam.

B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

18.11.2025 (Ashutosh Kumar, CJ)

We have heard Mr. P.J. Saikia, learned Senior Advocate assisted by Ms. M, Nirola, learned Advocate for the appellants; Mr. B. Prasad, learned Advocate for respondent No.1 and Mr. P. Saikia, learned Government Advocate, Assam.

2. By the impugned judgment dated 20.08.2018 passed in WP(C) No.8/2011, a learned Single Judge of this Court, on finding that the appointment of the appellants were made through a process in which only the Employment Exchange sponsored candidates were considered, held the appointments to be not sustainable, notwithstanding the number of years which had passed by when the matter was brought to the notice of this Court. As such, the appointments of the appellants were set aside and the State respondents were given the liberty for filling up the posts again by calling for advertisement by newspaper publication, through electronic media and the Employment Exchange Office but the said process of filling up the two regular vacant posts of Field Assistants in Dhubri district was directed to be completed within a period of 6(six) months from the date of receipt of the certified copy of the judgment, referred to above.

3. It was also clarified that in the event of the writ petitioner/respondent No.1 who had pointed out that though he was also sponsored by the Employment Exchange but did not get a call letter, had become over-aged, the State would consider relaxing the age requirement as against him at the time of fresh selection to the two vacant posts of Field Assistants under the Crop Insurance Scheme in the district of Dhubri.

4. It must be noted here that the judgment was put in abeyance by an order of this Court, which stay order continues till date.

5. The appointments in question were conducted in the year 2010. The process of appointment was initiated at the behest of the Director of Agriculture, Assam to fill up 7(seven) posts of Field Assistants under the Crop Insurance Scheme across various districts including 2(two)

posts specifically for the Dhubri district. The process of recruitment had the Government approval and also financial concurrence. However, the names of the candidates to be selected were requisitioned exclusively from the District Employment Exchange as per the district-wise vacancy allocation.

For the district of Dhubri, 50 candidates were sponsored by