Gauhati High Court
Deepamoni Sonowal vs The State Of Assam And 19 Ors on 22 September, 2022
Page No.# 1/5
GAHC010196362022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6305/2022
DEEPAMONI SONOWAL
D/O- DINANATH SONOWAL,
R/O- VILLAGE BORAGADHOI GAON,
P.O- MULUK GAON, P.S- CHABUA,
DIST- DIBRUGARH, ASSAM, PIN-786189
VERSUS
THE STATE OF ASSAM AND 19 ORS.
REP BY THE PRINCIPAL SECRETARY GOVERNMENT OF ASSAM,
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR,
GUWAHATI- 781006.
2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
DISPUR
GUWAHATI- 781006.
3:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI- 781037.
4:THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22
REPRESENTED BY ITS CHAIRMAN
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5:THE SECRETARY
TO THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22
6:THE UNDER SECRETARY
THE ASSAM PUBLIC SERVICE COMMISSION (APSC)
JAWAHAR NAGAR
KHANAPARA
GUWAHATI-22
7:THE PRINCIPAL CONTROLLER OF EXAMINATION
THE ASSAM PUBLIC SERVICE COMMISSION (APSC) KHANAPARA
GUWAHATI-22
8:PCPS GIRLS POLYTECHNIC
(FORMERLY KNOWN AS GIRLS POLYTECHNIC)
REP. BY ITS PRINCIPAL
BAMUNIMAIDAM
GUWAHATI-781021
9:RUKMINI SONOWAL
ROLL NO-40375
10:BIDYABOTI BIJOY LAKHI DEORI
ROLL NO-40067
11:RASHMI BARMAN
ROLL NO-10470
12:SAMAINA BRAHMA
ROLL NO-50569
13:KHANTHAI BASUMATARY
ROLL NO-50315
14:CHIMPY LALUNG
ROLL NO-60620
15:TULIKA PAO
ROLL NO-21457
16:PRIYANKA SAIKIA
ROLL NO-21064
17:RANI DEURI
ROLL NO-62331
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18:SANGITA SONOWAL
ROLL NO-21269
19:NABONITA SAIKIA
ROLL NO-20841
20:MOMI TAYE
ROLL NO-20776
RESPONDENT NO-9 TO N0-20 MAY BE SERVED THROUGH THE
SECRETARY
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
22.09.2022
Heard Mr. G Alom, learned counsel for the petitioner. Also heard Mr. NK
Devnath, learned counsel for the respondents in the P & RD Department,
Government of Assam and Mr. PP Dutta, learned counsel for the authorities in
the APSC.
2. The petitioner participated in a selection process conducted by the APSC
for the post of Junior Engineer (Civil) in the P & RD Department where the
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required qualification is stated to be Diploma in Civil Engineering. The petitioner
has the qualification of Diploma in Civil Engineering and Planning, and therefore,
a question has arisen as to whether the qualification of Diploma in Civil
Engineering would also be a qualification of Civil Engineering and planning. It is
stated that in respect of a recruitment to the post of Junior Engineer (Civil
Engineering Branch) in the Irrigation Department, a judgment has been
rendered on 19.09.2022 in WP(C)No.6121/2022 requiring the authorities in the
APSC and the authorities in the Technical Education Department of the
Government of Assam to take it up amongst themselves and arrive at a
conclusion as to whether a Diploma in Engineering and Planning can also be
construed to be a Diploma in Civil Engineering. In the said case, a direction was
issued that after final conclusion that may be arrived between the authorities
under the APSC and the Technical Education Department, the recruitment
process pursuant to the advertisement involved in the said selection be carried
forward. In the instant case, it is stated that the petitioner had been refused
selection for the reason that he has the educational qualification of Diploma in
Civil Engineering and Planning and not a Diploma in Civil Engineering, and as
such the same question may also arise in this writ petition. But, however, we
have taken note that in the instant case, the recruitment process is already over
and the selection has been made and the respondents intend to issue
appointment letters by tomorrow i.e.,23.09.2022.
3. Considering the belated stage at which the petitioner has approached this
Court, instead of interfering with the appointments that may be made
tomorrow, in the interim, we provide that any such appointments to be made,
would be made conditional and the condition would be provided in the
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appointment letters itself that it would be subject to the outcome of the present
writ petition i.e. WP(C)No.6305/2022.
4. On the other hand, if the respondent authorities intend to hold back the
issuance of the appointment letters, discretion remains with them.
5. Let a notice of motion be issued, making it returnable on 02.11.2022.
6. Extra copies of the writ petition be served on the learned counsel for the
respondents as indicated hereinabove within three days.
7. A copy of this order be furnished to Mr. NK Devnath, learned counsel for
the P & RD Department for doing the needful.
8. List on 02.11.2022.
JUDGE
Comparing Assistant
