Page No.# 1/5 vs The State Of Assam And 6 Ors
2022 Latest Caselaw 2218 Gua

                                                               Page No.# 1/5

GAHC010126132022




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

                         Case No. : WP(C)/4281/2022

         BASANTA KUMAR PAIT AND 5 ORS
         SON OF SRI RAJEN PAIT, RESIDENT OF H. NO. 171, NIZARAPARA,
         HIRIMBAPUR PATH, ODALBAKRA, KAMRUP(M), P.O. ODALBAKRA, PIN-
         781034, ASSAM.

         2: KULDIP BARMAN
          SON OF SRI DILIP BARMAN
          RESIDENT OF H.NO.- 18
          NANDANPUR PATH
          SURVEY
          BELTOLA
          PIN- 781028
         ASSAM.

         3: FRANKY KUMAR KALIA
          SON OF NIRMAL KUMAR KALIA
          RESIDENT OF LAL BANGLOW ROAD
         TINSUKIA
          PIN- 786125
         ASSAM.

         4: DHRUVA JYOTI BORUAH
          SON OF LATE MANIK CHANDRA BARUAH
          RESIDENT OF VILLAGE AND P.O.- KALOOGAON
          DISTRICT SIVASAGAR
          PIN- 785666
         ASSAM.

         5: PARTHA PRATIM DEORI
          SON OF SRI TANU RAM DEORI
          RESIDENT OF RATANPUR
          P.O.- DHEMAJI
          DISTRICT- DHEMAJI
          PIN- 787057
                                                   Page No.# 2/5

ASSAM.

6: PANKAJ KUMAR RAJKUMAR
 SON OF SRI INDRESWAR RAJBONGSHI
 RESIDENT OF VILLAGE- SOLMARI
 DISTRICT- MORIGAON
 PIN- 782105
ASSAM

VERSUS

THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, TRANSPORT DEPARTMENT, JANATA BHAWAN,
DISPUR, GUWAHATI-6.

2:THE COMMISSIONER
 COMMISSIONERATE OF TRANSPORT
 PARIBAHAN BHAWAN
 JAWAHARNAGAR
 KHANAPARA
 GUWAHATI-22.

3:THE SECRETARY
 DEPARTMENT OF TRANSPORT
 GOVERNMENT OF ASSAM
 JANATA BHAWAN
 DISPUR
 GUWAHATI-6.

4:THE ASSAM PUBLIC SERVICE COMMISSION
 REPRESENTED BY ITS CHAIRMAN
 JAWAHARNAGAR
 KHANAPARA
 GUWAHATI-22
ASSAM.

5:THE UNDER SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
 JAWAHARNAGAR
KHANAPARA
 GUWAHATI-22
ASSAM.

6:THE JOINT SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
 JAWAHARNAGAR
 KHANAPARA
                                                                       Page No.# 3/5

             GUWAHATI-22
             ASSAM.

            7:THE CONTROLLER OF EXAMINATION
            ASSAM PUBLIC SERVICE COMMISSION
             JAWAHARNAGAR
             KHANAPARA
             GUWAHATI-22
            ASSAM

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : SC, TRANSPORT




                                 BEFORE
            HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA

                                        O R D E R

27.06.2022

Heard Mr. UK Nair, learned senior counsel for the petitioners and Ms. MB Bora, learned counsel for the respondents in the Transport Department of the Government of Assam and Mr. BK Barman, learned counsel for the respondents in the APSC.

2. Issue notice returnable on 25.07.2022. Extra copies of the writ petition be furnished to the respective learned counsel within three days.

3. The petitioners are all Bachelor in Engineering (in short B.E) in Mechanical Engineering and intend to participate in a selection process pursuant to the advertisement dated 25.05.2022, amongst others, for the post of Motor Vehicle Inspectors (in short MVI) under the Commissionerate of Transport, Assam. The educational qualification prescribed in the advertisement is HSLC/ HSSLC with three years diploma in Automobile or Mechanical Engineering from a recognized institute of the Government of Assam/Government of India and also duly Page No.# 4/5

recognized by the AICTE. The method for application adopted was online method.

4. The applications of the petitioners were not accepted by the system inasmuch as, where the qualification prescribed is diploma in Automobile or Mechanical Engineering, the petitioners are B.E in Mechanical Engineering.

5. Ms. MB Bora, learned standing counsel for the Transport Department refers to the Assam Transport Service Rules, 2003, wherein in Schedule I(A), the qualification for MVI is provided as HSSLC with three years diploma in Automobile or Mechanical Engineering. Ms. Bora also refers to the judgment of this Court rendered in Sonu Sahu and others -vs- State of Assam and others in WP(C) No. 904/2014, wherein in paragraph 35, there was a direction that in terms of an advertisement dated 05.09.2013 for the post of Draftsman/Planning Draftsman Grade-II, only those candidates who possess two years certificate course in Draftsmanship (civil) from the Government recognized institutes only are to be appointed. Accordingly, it is the submission that in the present case as the advertisement as well as the Rules provided for diploma in Automobile or Mechanical Engineering, therefore, diploma in Automobile or Mechanical Engineering would be eligible and any person above or below such qualification would be ineligible.

6. The said question would be decided on the next returnable date.

7. In the interim, it is provided that the respondents shall allow the petitioners to submit their application forms and may also process the same and allow the petitioners to participate, but the final results thereof shall not be declared till the next returnable date.

8. As the last date of submission of application forms through online method Page No.# 5/5

is today, in the event the system does not accept the applications of the petitioners online, such applications be accepted through the offline method.

List the matter again on 25.07.2022.

JUDGE

Comparing Assistant