Page No.# 1/14 vs The State Of Assam And 15 Ors
2023 Latest Caselaw 4610 Gua

                                                                   Page No.# 1/14

GAHC010240422023




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

                          Case No. : WP(C)/6272/2023

         SRIMANTA DAS AND 42 ORS.
         SRI HEMKANTA DAS , R/O VILL RAMPUR 2ND PART, P.S HOJAI , P.O
         AMTOLA , DIST. HOJAI (ASSAM), PIN 782435

         2: JYOTI PRASAD SAIKIA

          S/O LT. KASHIRAM SAIKIA R/O VILL KARHALIGAON
          P.O- KOLLONGPAR HALOWAGAON
          P.S-RUPAHIHAT
          DIST-NAGAON (ASSAM)
          PIN-782141

         3: MRINAL BORAH
          S/O LT. HAREN BORAH
          R/O VILL - ULUANE
          P.O - KUMARGAON
          P.S-RUPAHE
         DIST-NAGAON (ASSAM)
          PIN-782125

         4: CHAND MIYA
          S/O MD ALI AHMED
          R/O VILL - BHULAKHATA
          P.O BISWANATH GHAT
          P.S-BISWANATH CHARIALI
          DIST-SONITPUR (ASSAM)
          PIN-784177

         5: RUPAM BASUMATARY

          S/O DHARANIDHAR BASUMATARY
          R/O VILL-HIMANIPUR
          P.O MEZANGJULI
          P.S-DHEKIAJULI
                               Page No.# 2/14

DIST-SONITPUR (ASSAM)
PIN-784110

6: MADHAB CH. ROY
 S/O LT. NARAYAN CH. ROY
 R/O VILL-SIRAJULI SATRA
 P.O-DHEKIAJULI
 P.S-DHEKIAJULI
 DIST-SONITPUR
 (ASSAM)
 PIN-784110

7: ROBIN CH. BORO
 S/O SRI PUNYESWAR BORO
R/O VILL - BORBIL
P.O - BORBIL
P.S-THELAMARA
DIST-SONITPUR ( ASSAM)
PIN-784149

8: ABDUR RASHID
 S/O MAZUR ALI
R/O VILL - KACHUARKHASH
P.O - DHARMASALA
P.S-DHUBRI
DIST-DHUBRI (ASSAM)
PIN-783324

9: BIJOY DEKA

 S/O LT. BUDESWAR DEKA
R/O VILL- MAJGAON
P.O-PAHUMARA
P.S-NORTH LAKHIMPUR
DIST-LAKHIMPUR (ASSAM)
PIN-787031

10: NETRADHAR BORA
 S/O NARAM BORA
R/O VILL MAHPARA
P.O.NIZ - CHALCHALI
P.S-SAMAGURI
DIST-NAGAON (ASSAM)
PIN-782141

11: DHRUBA HAZARIKA
 S/O LT. THANESWAR HAZARIKA
R/O VILL -BHELAGURI
                                 Page No.# 3/14

P.O - BHELAGURI
P.S-SAMAGURI
DIST-NAGAON (ASSAM)
PIN-782140

12: ANUAR HUSSAIN

 S/O LT. MAIR UDDIN
R/O VILL - RANGALOO
P.O JUMUR MUKH
P.S-KAMRUP
DIST-NAGAON (ASSAM)
PIN-782428

13: DADUL BORO @ DULAL
 S/O LT. NAKUL BORO
R/O VILL- BORBIL KOCHARI GAON
P.O - BORBIL
P.S-THELAMARA
DIST-SONITPUR (ASSAM)
PIN-784149

14: ARUN BISWAS
 S/O SAITENDRA BISWAS
R/O VILL - WARIGADING
P.O - BARAPUTIA
P.S-HOJAI
DIST-HOJAI (ASSAM)
PIN-782428

15: RAGHU NATH BHAKAT
 S/O SRI. ATUL CH. BHAKAT
R/O VILL-JINKATA PT. 1
P.O - MAHAMAYAHAT
P.S-GOLAKGANJ
DIST-DHUBRI (ASSAM)
PIN-783335

16: DIP KANTA BHAKAT

 S/O LT. KAMALESWAR BHAKAT
R/O VILL-GHARAIAL DANGA
P.O - MAHAMAYAHAT
P.S-GOLAKGANJ
DIST-DHUBRI (ASSAM)
PIN-783335

17: HANIF ALI SK
                                       Page No.# 4/14

 S/O ATAB ALI
R/O VILL - TELIPARA
P.O - GENAAMARI
P.S-GOURIPUR
DIST-DHUBRI (ASSAM)
PIN-783348

18: MD. RIBUL ALI
 S/O LT. SULTAN ALI
R/O VILL- BHUYAN PARA
P.O - CHENGAMARI
P.S-SOOTIA
DIST-SONITPUR (ASSAM)
PIN-784175

19: MOZIBUR RAHMAN @ MAZIBAR RAHMAN
 S/O LT. SAHARUDDIN
R/O VILL NO. 2 KUMOLIA
P.O - PANIBHARAL
P.S-BISWANATH CHARIALI
DIST-SONITPUR (ASSAM)
PIN-784176

20: BHUPEN KR NATH
 S/O LT. DEWRAM NATH
R/O VILL - HABIBARANGABARI
P.O - HABIBARANGABARI
P.S-MIKIRBHETA
DIST-MORIGAON (ASSAM)
PIN-782106

21: GHANENDRA NATH
 S/O AMRIT NATH
R/O VILL- RAJA MAYONG
P.O RAJA MAYONG
P.S-MAYONG
DIST-MORIGAON ( ASSAM)
PIN-782411

22: JITEN NATH
 S/O BADAR KT NATH
R/O VILL -BAMUNBORI
P.O - BAMUNBORI
P.S-MIKIRBHETA
DIST-MORIGAON (ASSAM)
PIN-782103

23: NOMIT NAIDING
                              Page No.# 5/14


 S/O SRI RONTA NAIDING
R/O VILL - HATIKHALI
P.O - HATIKHALI
P.S-HATIKHALI
DIST-DIMA HASAO ( ASSAM)
PIN-788832

24: CHANDAN ARDAU

 S/O SRI MAINON ARDAU
R/O VILL KASH KARGIL GAON
P.O - BORLANGFER
P.S-BORLANGFER
DIST-KARBI ANGLONG (ASSAM)
PIN-782447

25: NARESWAR NATH
 S/O LT. EKARAM NATH
R/O VILL - POLOKHAGURI
P.O - GANDHIBORI
P.S-RAHA
DIST-NAGAON (ASSAM)
PIN-782103

26: MD. RAHMAT ALI
 S/O LT. KHATIR HAGUE
R/O VILL-NO. 2 BHOJMARI
P.O - TEWARIPAL
P.S-SOOTIA
DIST-BIWNAT(ASSAM)
PIN-784174

27: RAJEN RABHA

 S/O LT. KOTO RABHA
R/O VILL- KHERONI MAJGAON
P.O - KHERONI
DIST-KARBI ANGLONG (ASSAM)
PIN-782448

28: NAHEJ ALI

 S/O LT. HASHEM ALI.
R/O VILL - NALDOBA
P.O - MORNAI
P.S-MORNAI
DIST-GOALPARA (ASSAM)
                                 Page No.# 6/14

PIN-783101

29: DHRUBA JYOTI DEKA
 S/O LT. HAREN DEKA
R/O VILL - DONGABARI
P.O - DONGABARI
P.S-JAGIROAD
DIST-MORIGAON (ASSAM)
PIN-782410

30: ROBIRAM BASUMATARY

 S/O NAGEN BASUMATARY
R/O VILL GARMARA KACHARI GAON
P.O - GARMARA
P.S-DHEKIAJULI
DIST-SONITPUR (ASSAM)
PIN-784111

31: DIPAK SAIKIA

 S/O LT. LILADHAR SAIKIA
R/O VILL-BHUTAIGAON
P.O - URIAGAON
P.S-NAGAON SADAR
DIST-NAGAON (ASSAM)
PIN-782003

32: DILIP KR NATH

 S/O RAM CH NATH
R/O VILL - BHOMORAGURI
P.O - HATIJUJUA
P.S-BATADRAVA
DIST- NAGAON (ASSAM)
PIN-782122

33: RATUL CH DAS @RATUL DAS
 S/O LT. HARIPAD DAS
R/O VILL-JAGAIL BEBEJIA
P.O - BALIGAON
P.S-RAHA
DIST-NAGAON (ASSAM)
PIN-782144

34: MILAN DEKA
 S/O LT. EKANKA DEKA
R/O VILL- HATIAMUKH
                           Page No.# 7/14

P.O - HATIAMUKH
P.S-JAGIROAD
DIST-MORIGAON (ASSAM)
PIN-782411

35: MANIK PATOR

 S/O LT. JOPORA PATAR
R/O VILL-PANDIT GHAT
P.O - BARPANI
P.S-KACHURA
DIST-NAGAON ( ASSAM)

36: UJJAL BORAH
 S/O MOHEN BORAH
R/O BHERBHERIGAON
P.O - HALOWAGAON
P.S-SAMAGURI
DIST-NAGAON (ASSAM)
PIN-782141

37: MANJIL BORAH
 S/O MOHEN BORAH
R/O BHERBHERIGAON
P.O - HALOWAGAON
P.S-SAMAGURI
DIST-NAGAON (ASSAM)
PIN 782141

38: PRASANNA KR. BONIA
 S/O LT. PADMA KT BANIA
R/O URIAGAON
P.O - URIAGAON
P.S-SADAR
DIST-NAGAON (ASSAM)
PIN-782003

39: KRISHNA KT NATH
 S/O MAJU RAM NATH
R/O VILL - JAMUGURI
P.O - JAMUGURI
P.S-JAJARI
DIST-NAGAON (ASSAM)
PIN-782142

40: NAREN BORDOLOI

S/O APESON BORDOLOI
                                                      Page No.# 8/14

R/O DHEMAJI
P.O - FULAGURI
P.S-RAHA
DIST-NAGAON (ASSAM
PIN-782103

41: DEEP JYOTI BORDOLOI
 S/O PUTUL BORDOLOI
R/O VILL 1 NO. KAKI TONGIA
P.O.KAKI CHALCHALI
P.S-KAKI
DIST-HOAJAI (ASSAM)
PIN-782442

42: PADRAM NATH
 S/O LT. GHANA KANTA NATH
R/O NAM DUM DUMEA BAKAT GOW
P.O - DHING
P.S-DHING
DIST-NAGAON (ASSAM)

43: UMA KANTA TAYUNG

 S/O PADHMA RAM TAYUNG
R/O VILL-NUNIBARI
P.O -
P.S. NARAYANPUR
DIST-LAKHIMAPUR
PIN - 78416

VERSUS

THE STATE OF ASSAM AND 15 ORS.
REP. BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
HOME AND POLITICAL DEPARTMENT, ASSAM, DISPUR, GUWAHATI-6

2:THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF ASSAM

HOME AND POLITICAL DEPARTMENT
ASSAM
DISPUR
GUWAHATI-06.

3:THE DIRECTOR GENERAL OF POLICE

ASSAM POLICE HEADQUARTERS
ULUBARI
GUWAHATI-07.
                                                  Page No.# 9/14


4:GENERAL OF HOME GUARDS

THE DIRECTOR GENERAL OF CIVIL DEFENSE AND COMMANDANT
ASSAM
BELTOLA
GUWAHATI-28.

5:THE INSPECTOR GENERAL OF POLICE (BTAD)

KOKRAJHAR
ASSAM
W. NO. 10
PIN 783370.

6:THE ASSISTANT INSPECTOR GENERAL OF POLICE

ASSAM POLICE HEADQUARTERS
ULUBARI
GUWAHATI-07.

7:THE SUPERINTENDENT OF POLICE

KOKRAJHAR
ASSAM
PIN-783370.

8:THE CHAIRMAN

THE STATE LEVEL POLICE RECRUITMENT
BOARD
ASSAM
REHABARI
GUWAHATI-08.

9:THE FINANCE DEPARTMENT

REPRESENTED BY THE COMMISSIONER AND SECRETARY FINANCE
DEPARTMENT
DISPUR
GUWAHATI.

10:THE DISTRICT HOME GUARD COMMANDANT

NAGAON
DISTRICT NAGAON
ASSAM.PIN-782001.
                                                     Page No.# 10/14

            11:THE DISTRICT HOME GUARD COMMANDANT

             SONITPUR
             DIST- SONITPUR
             ASSAM
             PIN-782123.

            12:THE DISTRICT HOME GUARD COMMANDANT

             DHUBRI
             DIST- DHUBRI
             ASSAM
             PIN-783301.

            13:THE DISTRICT HOME GUARD COMMANDANT

             NORTH LAKHIMPUR
             DIST- LAKHIMPUR
             ASSAM.PIN-787001.

            14:THE DISTRICT HOME GUARD COMMANDANT

            MORIGAON
            DIST- MORIGAON
            ASSAM
            PIN-782105.

            15:THE DISTRICT HOME GUARD COMMANDANT

             KARBI ANGLONG
             DIST- KARBI ANGLONG
             ASSAM
             PIN-782462.

            16:THE DISTRICT HOME GUARD COMMANDANT

            GOALPARA
            DIST- GOALPARA
            ASSAM
            PIN-783101

Advocate for the Petitioner   : MR P J DUTTA

Advocate for the Respondent : GA, ASSAM
                                                                      Page No.# 11/14

                                  BEFORE
                   HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

15.11.2023 Heard Mr. P.K. Goswami, learned Sr. Counsel assisted by Mr. B.P. Borah, learned counsels for the petitioners. Also heard Mr. J.K. Goswami, learned Addl. Sr. Government Advocate and Mr. B. Gogoi, learned Standing Counsel, Finance.

2. This writ petition is filed by the petitioners put into challenge the process of recruitment initiated by the Government of Assam vide Advertisement dated 06.10.2023 for recruitment to the post of Unarmed Branch and Armed Branch (Constables) under the Assam Police. The petitioners are former SPOs and Home Guards whose claim before the Court is for regularization as SPOs. The representation preferred before the Department was rejected by order dated 25.08.2023 by the Inspector General of Police, Assam which is presently assailed in the writ petition.

3. This Court while issuing Notice by order dated 18.10.2023 posted the matter today for consideration of interim prayer. The interim prayer of the petitioners today is direction to the respondents not to fill up the 43 nos. of posts which are shown to be reserved for SPOs under UB(Constable) and AB(Constable). The prayer for interim by the petitioner is on the ground that the petitioners case before this Court is squarely covered by the ratio in the Judgment of the Apex Court rendered in Nihal Singh and Ors. Vs. State of Punjab & Ors, reported in (2013) 14 SCC 65. In the case before the Apex Court, the grievances of the petitioners therein seeking regularization was taken into consideration and the respondents therein were directed to regularize the petitioners therein who were working as SPOs in the State of Punjab. Similar prayers seeking regularisation are made before this Court by the present Page No.# 12/14

petitioners. It is the submission of the learned Sr. Counsel that in the event the prayers made by the writ petitioners are allowed then the department would be required to consider cases of the petitioners for regularization. It is in that view that the prayer for interim has been made seeking direction to the respondents not to fill up 43 nos. of posts.

4. Mr. J.K. Goswami, learned Addl. Sr. Government Advocate and Mr. B. Gogoi, learned Standing Counsel, Finance appearing for the respondents object the prayer made by the petitioners on the ground that the petitioners did not participate in the ensuing selection process. The learned counsels for the respondents submit that since the petitioners did not participate in the selection process, there is no question of granting interim orders on the prayers in respect of the posts which are advertised and are under consideration in this selection process.

5. Having heard the learned counsel for the parties and taking into account the rival submissions and also upon due perusal of the pleadings on record, it is seen that the challenge in the writ petition is to the speaking order dated 25.08.2023 whereby the representations for the petitioners seeking regularization or re-appointment as SPOs have been rejected. The speaking order was passed in pursuance of the direction of this Court passed vide order dated 23.11.2022 passed in W.P(C) No. 7479/2022.

6. The case urged before this Court is on the basis of the law laid down by the Apex Court in Nihal Singh (Supra). In Nihal Singh (Supra), the Apex Court while examining the claims of similar SPOs in the State of Punjab who were rendering their services and who had made claims for regularization. On the facts of that case, the Apex Court laid down that the cases of the petitioners ought to be considered for regularization and the consequential orders Page No.# 13/14

accordingly were passed.

7. In the present set of facts, it is the grievance of the petitioners that their representations were wrongly rejected by the respondent authorities by the speaking order dated 25.08.2023 by placing reliance on the Judgment of the Apex Court rendered in the State of Karnatake Vs. Umadevi, reported in (2006) 4 SCC 1. The petitioners submits that application of the law laid down by Umadevi (Supra) is misplaced rather it is the law laid down by Apex Court in Nihal Singh (Supra) that is required to be applied while considering the prayers of the petitioners.

8. Be that as it may, the respondents are yet to complete their instructions and file their respective affidavits as on date. The question is whether the prayers made in the writ petition are for setting aside the termination orders issued by the respondents as well as for interference of impugned speaking order dated 25.08.2023 or the further prayer is seeking a direction from the Court to regularize the petitioners in the posts of SPOs or any other equivalent posts. These petitioners were appointed under Section 23 of the Police Act by the competent authority. In the event, this Court allows the prayers made in the writ petition seeking regularization of their services then the question of availability of sufficient vacant posts ought not to be a hurdle in the event the Court decides to grant such an order.

9. Taking note of such submissions and taking into consideration the balance of convenience, this Court is of the considered view that since the process of recruitment to the post of Constable (UB) ad Constable (AB) in Assam Police being carried on, it is ordered that the respondents will ensure sufficient numbers of posts of SPO are kept available for accommodating the petitioners if ultimately the prayers made in the writ petition are allowed. The respondent will Page No.# 14/14

ensure that in the event the writ petition is allowed and the claims of the petitioner are found to be tenable in law then such claims will not be frustrated by virtue of the fact that no posts of SPOs are available eventually in view of the recruitment process undertaken by the Assam Police vide Advertisement dated 06.10.2023

11. List again after three weeks enabling the respondents be filed their affidavits.

JUDGE

Comparing Assistant