Wasim Ruskin Khan vs The State Of Assam And 7 Ors
2022 Latest Caselaw 1128 Gua

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GAHC010116032019




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

                           Case No. : WP(C)/3562/2019

         WASIM RUSKIN KHAN
         S/O- AIYNUL HOQUE KHAN, R/O- H.NO. 1140, WARD NO.16, BAPUJI NAGAR
         (SALBARI), P.O. AND DIST- GOALPARA- 783126, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PANCHAYAT
         AND RURAL DEVELOPMENT DEPTT., DISPUR P.O. GHY-6

         2:THE COMMISSIONER
          PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM
          JURIPAR
          PANJABARI P.O. GHY-36

         3:THE DIRECTOR
          PANCHAYAT AND RURAL DEVELOPMENT GOVT. OF ASSAM
          JURIPAR
          PANJABARI P.O. GHY-36

         4:M/S BLOOM ELECTRONIC PVT. LTD.
         A PVT. LTD. COMPANY INCORPORATED UNDER THE COMPANIES ACT
          HAVING ITS REGD. OFFICE AT 365
          BHARATHIYAR ROAD
          NEW SIDHAPUDUR
          P.O. COIMBTATORE- 641044
         TAMILNADU

         5:DHRUBO JYOTI CHOWDHURY
          R/O- BELTOLA
          BALADMARI
          P.O. AND DIST- GOALPARA- 783121
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             6:TANZIL ALI DEWAN
              R/O- WARD NO. 14
              DOSTINAGAR
              P.O. AND DIST- GOALPARA- 783121

             7:JOY JYOTI DAS
              R/O- BAPUJINAGAR
              NEAR NAM GHAR
              BALADMARI
              P.O. GOALPARA- 783121

             8:SHORIFA SULTANA
             WARD NO. 16
              BAPUJINAGAR
              BALADMARI
              P.O. AND DIST- GOALPARA- 78312

Advocate for the Petitioner   : MR J C GAUR

Advocate for the Respondent : GA, ASSAM




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                             ORDER

Date : 30.03.2022

None appears for the petitioner on call.

Mr. J. I. Borbhuiya, learned counsel appears for the respondent nos. 6, 7 & 8. The petitioner's case is that they have taken part in the combined competitive examination 2018 held on 20.05.2018. However, the petitioner was not selected. He has made a challenge to the selection of the private respondents on the ground that there were irregularities and illegalities in the selection process, in violation of the terms and conditions set out in the advertisement dated 21.12.2018.

Mr. J. I. Borbhuiya, learned counsel submits that the petitioner having taken part in the selection process, he cannot turn around and subsequently question the methods of selection and its outcome.

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In this regard, he has relied upon the judgment of the Apex Court in Ashok Kumar and Another Vs State of Bihar and Others, reported in 2017 4 SCC 365 and in the case of Pradeep Kumar Rai Vs. Dinesh Kumar Pandey and Others, reported in 2015 11 SCC 496.

He also submits that the there are no specifics given in the writ petition, to show the exact nature of illegality and irregularity committed by the respondents, while selecting and appointing the private respondents.

In the interest of justice, the matter be listed again after the Bihu Vacation.

JUDGE

Comparing Assistant