Page No.# 1/7 vs The State Of Assam And 8 Ors
2025 Latest Caselaw 2843 Gua

Gauhati High Court

Page No.# 1/7 vs The State Of Assam And 8 Ors on 5 February, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                   Page No.# 1/7

GAHC010018132025




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

                           Case No. : WP(C)/505/2025

         JYOTSHNA MUCHAHARY AND ANR
         WIFE OF DIPEN DAIMARY, RESIDENT OF VILL AND P. O. -JALAGAON P. S.
         -SIMLA, DISTRICT-BAKSA, ASSAM , PIN-781373

         2: GUNAJIT DAS
          SON OF SIDDHI RAM DAS
          RESIDENT OF -VILL- JALAH
         ALIGURI P. O. -JALAHGHAT DISTRICT-BAKSA
         ASSAM- 78132

         VERSUS

         THE STATE OF ASSAM AND 8 ORS
         REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO
         THE GOVERNMENT OF ASSAM DISPUR, GUWAHATI, KAMRUP (M), ASSAM
         - 781006

         2:THE REGISTRAR GENERAL
          GUWAHATI HIGH COURT

         3:THE REGTSTRAR (ADMIN) -CUM - IN CHARGE
          CENTRALISED RECRUITMENT
          GAUHATI HIGH COURT.

         4:THE DISTRICT AND SESSIONS JUDGE
          BAKSA
         ASSAM-781372


         5:THE CHIEF ADMINISTRATIVE OFFICER
          OFFICE OF THE DISTRICT AND SESSIONS JUDGE
          BAKSA
         ASSAM- 781372
                                                              Page No.# 2/7

           6:SRI KAPIL DAS
            JUNIOR ADMINISTRATIVE ASSISTANT
            OFFICE OF THE DISTRICT AND SESSIONS JUDGE
            BAKSA
           ASSAM- 781372

           7:SRI DHARMENDRA DAS
            JUNIOR ADMINISTRATIVE ASSISTANT
            OFFICE OF THE DISTRICT AND SESSIONS JUDGE
            BAKSA
           ASSAM- 781372

           8:SRI MINTU TALUKDAR
            JUNIOR ADMINISTRATIVE ASSISTANT
            OFFICE OF THE DISTRICT AND SESSIONS JUDGE
            BAKSA
           ASSAM- 781372

           9:SRI HITESH KALITA
            JUNIOR ADMINISTRATIVE ASSISTANT
            OFFICE OF THE DISTRICT AND SESSIONS JUDGE
            BAKSA
           ASSAM- 78137




Advocate for the petitioner(s): Mr. R Majumdar


Advocate for the respondent(s): Ms. S Sarma



                                 BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                   ORDER

05.02.2025

Heard Mr. R Majumdar, the learned counsel appearing on behalf of the petitioners.

Page No.# 3/7

2. Issue notice making it returnable on 07.03.2025.

3. Ms. S Sarma, the learned counsel appears on behalf of the respondent Nos.1 to 5 and accepts notice on behalf of the said respondents.

4. The petitioners are directed to serve extra copies of the writ petition upon Ms. S Sarma, the learned Government Advocate, Assam as well as the learned Standing Counsel, Gauhati High Court within three days.

5. As regards the respondent Nos.6 to 9, the petitioners are directed to effect service by way of registered post with A/D as well as by usual process. Steps be taken within three days.

6. In addition to that, the petitioners are directed to effect service upon the said respondent Nos.6 to 9 by way of Dasti mode to be routed through the Registry of this Court and to file an affidavit of service on or before the next date fixed.

7. The case of the petitioners herein is that on 07.09.2015, an advertisement was issued for the post of Computer Typists in the Subordinate Judiciary of Assam. The petitioners herein duly applied to the said advertisement and were selected. The petitioner No.1 was selected at Serial No.1 in the unreserved category for the District of Baksa and the petitioner No.2 was also selected at Serial No.1 under the OBC category for the District of Baksa. The select list was Page No.# 4/7

published by way of Notification dated 08.06.2017.

8. It is further stated in the writ petition that subsequent to the advertisement issued in respect to the petitioners, another advertisement was issued on 28.08.2017 for filling up various posts of LDA (Bench Assistant/LDA-cum- Typist/Copyist for the District Court of Baksa. The private respondents herein were selected in the said selection process and a select list was published by way of Notification dated 29.11.2017. Pursuant thereto, on the same date i.e. on 06.01.2018, both the petitioners as well as the private respondents were appointed vide separate orders issued by the District & Sessions Judge, Baksa at Musalpur.

9. It is further seen that vide Notification dated 14.10.2020 issued by the Registrar Administration-cum-Incharge, Centralized Recruitment of the Gauhati High Court, a direction was given to the Appointing Authorities in the Subordinate Court Establishments of Assam to prepare a combined gradation list for LDA, Copyists, Typists and Computer Typists working in their Establishments on the basis of certain criterias which were laid down in the said Notification. Relevant herein to take note of that amongst the three criterias which were mentioned, one of such related to maintaining the inter-se seniority of the employees, who have joined together shall be determined by the merit position in the select list.

10. The record further reveals that while preparation of the said gradation list which was directed by the Notification dated 14.10.2020, a decision was taken Page No.# 5/7

in the minutes of the meeting held on 23.10.2024 of the Selection Board in the Establishment of the District & Sessions Judge at Baksa. The said Selection Board took a decision to arrive at the inter se merit amongst the employees by striking out the marks obtained in the VIVA VOCE test for LDAs-cum- typists/Copyist and the skill test for the Computer Typists and thereupon arrived at the conclusion that the private respondents herein were higher in rank in the inter se merits in the select list and accordingly placed them above the petitioners herein. Pursuant thereto, a final gradation list for 2024 was prepared, wherein the private respondents herein were put at Serial Nos.1 to 4 in the cadre of Junior Administrative Assistant (JAA), whereas the petitioners were put at Serial Nos. 5 and 6, respectively. The petitioners thereupon represented before the concerned respondent authorities, however, to no avail. It is under such circumstances, the petitioners have approached this Court.

11. Mr. R Majumdar, the learned counsel appearing on behalf of the petitioners submitted that when there are two select lists prepared on the basis of two separate recruitment processes, the inter se seniority is to be fixed taking into consideration that person in the earlier selection process should be placed at a higher inter se seniority than those appointed on the basis of the subsequent selection proceedings. The learned counsel for the petitioners further submitted that the modus so adopted in the selection minutes dated 23.10.2024 was also not in accordance with the well settled principles, taking into account that the striking out of the marks in the skill test for the Computer Typists was without any rational basis and the same could not have been compared with striking out the marks for Viva Voce. The learned counsel for the petitioners, therefore, submitted that the entire gradation list so prepared, under no circumstances, Page No.# 6/7

can be said to be done in accordance with the well settled principles of law, for which, the learned counsel has referred to the judgment of the Supreme Court in the case of Warad Murty Mishra Vs. the State of Madhya Pradesh and Another, reported in 2020(4) Supreme 706. The learned counsel for the petitioners, therefore, submitted that the final gradation list so published be stayed till the pendency of the writ petition.

12. Ms. S Sarma, the learned counsel appearing on behalf of the respondent Nos.1 to 5 submits that she would like to obtain instruction(s) in that regard. The learned counsel, however, submits that for the district of Morigaon also similar matters have been filed, wherein the Coordinate Bench of this Court had already stayed similar gradation lists. In that regard, she has made a reference to WP(C)No.6135/2024.

13. Having regard to the submissions made by the learned counsels appearing on behalf of the petitioners as well as by the learned Standing Counsel appearing on behalf of the respondent Nos.1 to 5 and taking into account the criteria on the basis of which the gradation list was prepared, more particularly, the minutes of the meeting dated 23.10.2024, it is the opinion of this Court that the petitioners have been able to make out a case for interim direction pending further hearing of the matter on the basis of the instruction(s) to be placed by the official respondents.

14. Accordingly, this Court stays the final gradation list for 2024 published vide Order dated 21.11.2024 in respect of the Ministerial Staff of the Establishment Page No.# 7/7

of the District & Sessions Judge, Baksa, at Mushalpur in so far as the Junior Administrative Assistant (JAA) is concerned till the next date fixed.

15. The respondents are directed to bring on record their stand by filing their affidavits prior to the next date fixed.

16. List again on 07.03.2025.

JUDGE

Comparing Assistant