Sri Dipankar Lahkar vs The State Of Assam And 6 Ors
2022 Latest Caselaw 1277 Gua

                                                                  Page No.# 1/3

GAHC010180392019




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

                            Case No. : WA/240/2019

         SRI DIPANKAR LAHKAR
         S/O- LT. BIPIN CHANDRA LAHKAR, VILL.- MAZGAON, RATANPUR, P.O.-
         MAHABHAIRAB, TEZPUR, DIST.- SONITPUR, ASSAM, PIN- 784001.

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REP. BY THE COMMISSIONER and SECY. TO THE GOVT. OF ASSAM,
         IRRIGATION DEPTT., DISPUR, GHY- 6.

         2:THE CHIEF ENGINEER
          IRRIGATION DEPTT.
          GUWAHATI
         ASSAM
          GHY- 3.

         3:THE SUPERINTENDING ENGINEER
          DEPTT. OF IRRIGATION
         TEZPUR CIRCLE
         TEZPUR
          DIST.- SONITPUR
         ASSAM
          PIN- 784001.

         4:TRIBENI THENGAL
          D/O- SRI TAJNESWAR THENGAL
         VILL.- RATANPUR GAON
          P.O.- BORNAHJAN
          P.S.- TITABOR
          DIST.- JORHAT
         ASSAM, PIN-785630.

         5:SANTA BHATTACHARJEE
          C/O- MR. RUDRAJIT BHATTACHARJEE
                                                                               Page No.# 2/3

             NEAR BIRUBARI
             KALIMANDIR
             UDAYPUR
             LANE NO. 3
             H/ NO.- 8
             ASHIRBAD KUNJ
             P.O.- GOPINATH NAGAR
             GHY- 16
             DIST.- KAMRUP, ASSAM.

            6:SILVIA RAHMAN
             IRRIGATION COLONY
             FLAT - II
             UNIT- IV
             CHANDMARI
             GHY- 3
             DIST.- KAMRUP, ASSAM.

            7:SEHNAZ RAHMAN
             C/O- MD. AMIR HUSSAIN MOLLAH
             MATHURA NAGAR
             DR. Z.H. ROAD
             1ST BYE LANE
             P.O.- DISPUR
             DIST.- KAMRUP
            ASSAM, PIN- 781006

Advocate for the Petitioner   : MR. I H LASKAR

Advocate for the Respondent : SC, IRRIGATION




                                    BEFORE
                     HON'BLE MR. JUSTICE N. KOTISWAR SINGH
                        HON'BLE MR. JUSTICE NANI TAGIA

                                         ORDER

08.04.2022 [N. Kotiswar Singh, J.]

Heard Mr. N. Nath, learned counsel assisted by Mr. P.K. Deka, for the appellant. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, appearing for respondent Nos.1--3; Mr. P.K. Roychoudhury, learned counsel along with Mr. N. Haque, Page No.# 3/3

appearing for respondent Nos.5 & 7 and Mr. M.A.I. Hussain, learned counsel appearing for respondent No.6.

Hearing is concluded.

Judgment is reserved.

Mr. Upadhyay, learned standing counsel, Irrigation Department, was directed to produce the record relating to the marks obtained by the petitioner in the recruitment process. Mr. Upadhyay, however, submits that he has not been able to trace out those records except the merit lists prepared in respect of the zone wise selection process. The fact that the name of the petitioner does not figure in the merit list of Tezpur zone, which indicates invariably that there were 5 meritorious candidates than the appellant and as such unless the appellant performs well in the examination, question of appointment also does not arise.

However, it has been fairly submitted by Mr. Upadhyay that at this point of time he is not in a position to produce the relevant records.

                 Sd/- Nani Tagia                     Sd/- N. Kotiswar Singh
                       JUDGE                                  JUDGE




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