Shalini Khan vs The State Of Assam And 7 Ors
2023 Latest Caselaw 3910 Gua

                                                                 Page No.# 1/5

GAHC010215332023




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

                           Case No. : WA/361/2023

         SHALINI KHAN
         D/O- SRI ROBIN KHAN, R/O- H NO. 120A, HONURAM BORO PATH,
         WALFORD KACHARI BASTI, GUWAHATI- 781005, DIST- KAMRUP(M),
         ASSAM.



         VERSUS

         THE STATE OF ASSAM AND 7 ORS.
         REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
         GUWAHATI- 781006, ASSAM.

         2:THE ASSAM PUBLIC SERVICE COMMISSION
          REP. BY ITS CHAIRMAN
          JAWAHAR NAGAR
          GUWAHATI- 781022
         ASSAM.

         3:THE SECRETARY
         ASSAM PUBLIC SERVICE COMMISSION
          JAWAHAR NAGAR
          GUWAHATI
         ASSAM- 781022.

         4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
         APSC
          JAWAHAR NAGAR
          KHANAPARA
          GUWAHATI
         ASSAM- 781002.

         5:SASWATI DAS
          D/O HAREN DAS
                                                     Page No.# 2/5


            R/O RAJESHWARI HOUSE NO.22
            GROUND FLOOR
            GOVT. PRESS ROAD
            BAMUNIMAIDAM
            GUWAHATI
            ASSAM- 781021.

            6:VIDISHA BODO
             D/O BHADRESWAR BODO

            R/O HOUSE NO. 341B
            NEAR HOSPITAL ROAD
            DAMADI HAWAR
            P.O.- MAIBANG
            DIST.- DIMA HASAO
            ASSAM- 788831.

            7:MANISH BARUAH
             S/O DWIP BARUAH

            R/O HOUSE NO. 22
            SENDURI ALI
            NABIN NAGAR
            R. G. BARUAH ROAD
            GUWAHATI
            ASSAM- 781024.

            8:ANUPAM DEKA
             R/O KHELMATI
            WARD NO. 14
             P.O.- KHELMATI
             DIST.- LAKHIMPUR
            ASSAM
             PIN- 787001

Advocate for the Petitioner   : MR. K N CHOUDHURY

Advocate for the Respondent : GA, ASSAM




             Linked Case : WA/364/2023

            GIRBANI DEKA
                                                    Page No.# 3/5

W/O- RANJAN ENGTI
R/O- HNO. 54/37
SEUJI PATH
NEAR NABAGRAHA TEMPLE
KHARGULI GHY- 03
DIST- KAMRUP(M) ASSAM

VERSUS

THE STATE OF ASSAM AND 7 ORS.
REP. BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM
DISPUR GUWAHATI- 781006

2:THE ASSAM PUBLIC SERVICE COMMISSION
REP. BY ITS CHAIRMAN
 JAWAHAR NAGAR
 GUWAHATI- 781022 ASSAM.

3:THE SECRETARY
ASSAM PUBLIC SERVICE COMMISSION
JAWAHAR NAGAR
GUWAHATI ASSAM- 781022.

4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
APSC JAWAHAR NAGAR
KHANAPARA
GUWAHATI
ASSAM- 781002.

5:SASWATI DAS
D/O HAREN DAS
R/O RAJESHWARI HOUSE NO.22
GROUND FLOOR
GOVT. PRESS ROAD
BAMUNIMAIDAM
GUWAHATI ASSAM- 781021.

6:VIDISHA BODO
D/O BHADRESWAR BODO
R/O HOUSE NO. 341B
NEAR HOSPITAL ROAD
DAMADI HAWAR
P.O.- MAIBANG
DIST.- DIMA HASAO
ASSAM- 788831.

7:MANISH BARUAH
S/O DWIP BARUAH
                                                                       Page No.# 4/5

          R/O HOUSE NO. 22
          SENDURI ALI
          NABIN NAGAR
          R. G. BARUAH ROAD
          GUWAHATI ASSAM- 781024.

          8:ANUPAM DEKA
          R/O KHELMATI
          WARD NO. 14
          P.O.- KHELMATI
          DIST.- LAKHIMPUR
          ASSAM PIN- 787001.
          ------------

For the appellants : Mr. K.N. Choudhury, Senior Advocate Assisted by Ms. N. Mahanta, Advocate For the respondents : Mr. P.P. Dutta and Ms. P. Sarma, Advocates for the APSC Ms. R.B. Bora, Junior Govt. Advocate, Assam Mr. P. Mahanta, Advocate For respondent No.5

-BEFORE-

HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 22-09-2023 Issue notice.

Ms. R.B. Bora, learned Junior Government Advocate, Assam accepts notice on behalf of respondent No.1 and Mr. P.P. Dutta, learned counsel accepts notice on behalf of respondent Nos.2, 3 and 4 and Mr. P. Mahanta, learned counsel accepts notice on behalf of respondent No.5. Thus, process need not be issued to respondent Nos.1 to 5.

Steps for service of notice be taken on the remaining respondents within Page No.# 5/5

seven days whereafter process be issued.

Mr. K.N. Choudhury, learned senior counsel representing the appellants urges that the writ petitions were filed on behalf of the appellants in the year 2019 questioning the validity of the answer key and the revised answer key issued by the APSC. The petitioners were granted interim protection and conditional permission to appear in the final examination. The appellants have cleared the final examination as well as viva-voce and thus, they are now entitled to be appointed against the posts for which they sought selection. The writ petitions were heard finally on 04.09.2021 and came to be rejected by judgment dated 21.08.2023, i.e. after a gap of nearly two years. The appellant in WA 364/2023 would face the risk of crossing the upper age limit for selection. It is further submitted that 98 other candidates who were shown to be selected in the first answer key, were ousted in the revised answer key Suo Moto issued by the APSC, but they have been allowed to appear in the final examination by the APSC on its own. It is thus submitted that the appellants are also entitled to equitable relief.

Learned counsel representing the APSC shall take instructions on these submissions advanced by the appellant's counsel.

As an interim measure, it is directed that the posts in question shall not be filled up till the next date of listing.

Re-notify on 06.11.2023.

                          JUDGE                    CHIEF JUSTICE

Comparing Assistant