Ritumoni Borah and 2 Ors v. The State of Assam and 3 Ors

ORDER

19.08.2024

Heard Shri D. Deka, learned counsel for the petitioners. Also heard Shri J.K. Goswami, learned Addl. Senior Government Advocate, Assam. The grievance raised in this petition is in connection with recruitment for filling up 145 numbers of posts of constables GD in the Assam Industrial Security Force. The recruitment has been held under the aegis of the State Level Recruitment Board which had issued the advertisement on 13.12.2017. There was a stipulation for allotment of certain marks for the experience gained by the candidates as SPOs. For each qualifying year as SPO, 2 (two) marks were to be allotted to a maximum of 10 marks. There have been a number of litigations, the lead case being WP(C)/3734/2022 Page No.# 3/3 [Bikash Bania and 5 Ors. vs. State of Assam and 5 Ors.] which were disposed of by a common order dated 10.05.2024. As per the same, for certificates of experience as Home Guards where no period was specified, a standard practice of allotting 2 (two) marks were done in the district of Kokrajhar. This Court being apprised of the same had directed that such standard practice should be adopted for the other districts also where no marks were given at all for such certificates. In terms of the said practice, the candidatures of the petitioners were examined. This Court vide order dated 26.07.2024 while issuing notice had directed that in the verification exercise, the petitioners should also be given an opportunity for their credentials to be verified. Shri Goswami, the learned State counsel by referring to the written instructions dated 05.08.2024 has submitted that the candidatures of all the three petitioners were verified and was found that none of the petitioners were eligible to receive the 2 marks for certificate as Home Guards and SPOs as per the order of the Hon'ble Gauhati High Court dated 10.05.2024. The written instructions are also accompanied by the breakup of the marks given to the respective petitioners which have been perused. After perusal of the said instructions and the accompanying tabulation, this Court is of the opinion that no case for interference is made out and accordingly, the writ petition is dismissed. A copy of the written instructions dated 05.08.2024 along with the enclosures are made part of the records. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010142872024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3684/2024o RITUMONIoBORAHoANDo2oORSo S/O-oSRIoGHANAKANTAoBORAH,o RESIDENToOFoVILL-oSUTARoNAMKURI,oPART-II,o P.O.-oBORPANI,oDIST.-oNAGAON,o ASSAM-o782141. 2:oNABAJYOTIoNATH oS/O-oSRIoGOPALoNATH o RESIDENToOFoVILLAGE-oLONGJAP o P.O.-oBORPANI o DIST.-oNAGAON oASSAM-o782150. 3:oNABAJYOTIoBHUYAN oS/O-oSRIoJOGESHWARoBHUYAN o RESIDENToOFoVILLAGE-oBORHAMPUR o P.O.-oBORHAMPUR oDIST.-oNAGAON o ASSAM-o782102o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o DEPARTMENToOFoHOME,oDISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICE Page No.# 2/3 ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007. 3:CHAIRMAN STATE LEVEL POLICE RECRUITMENT BOARD MADHABDEVPUR REHABARI GUWAHATI- 781008. 4:THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE NAGAON ASSAM Advocate for the Petitioner : MR. R MAZUMDAR, MR. D DEKA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI