Nawaz Hussain Kabir vs The State Of Assam And 5 Ors
2025 Latest Caselaw 3782 Gua

Gauhati High Court

Nawaz Hussain Kabir vs The State Of Assam And 5 Ors on 5 March, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                 Page No.# 1/3

GAHC010117682021




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

                           Case No. : WP(C)/3605/2021

         NAWAZ HUSSAIN KABIR
         SON OF TABZUL HUSSAIN
         R/O NATBAMA
         HATIGAON, GUWAHATI
         P.S. HATIGAON
         DIST. KAMRUP (M), ASSAM
         PIN-781038



         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, BLOCK-C, 3RD
         FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-781006, DIST. KAMRUP
         (M), ASSAM

         2:THE CHAIRPERSON

          ASSAM PUBLIC SERVICE COMMISSION
          JAWAHAR NAGAR
          KHANAPARA
          GUWAHATI-781022

         3:THE SECRETARY

          ASSAM PUBLIC SERVICE COMMISSION
          JAWAHAR NAGAR
          KHANAPARA
          GUWAHATI-781022.

         4:THE PRINCIPAL CONTROLLER OF EXAMINATION

          ASSAM PUBLIC SERVICE COMMISSION
                                                                          Page No.# 2/3

             JAWAHAR NAGAR

            KHANAPARA
            GUWAHATI- 781022

            5:THE COMMISSIONER AND SECRETARY

             FINANCE DEPARTMENT
             GOVT. OF ASSAM
             DISPUR
             GUWAHATI-781006

            6:THE STATE PUBLIC INFORMATION OFFICER

             ASSAM PUBLIC SERVICE COMMISSION
             JAWAHAR NAGAR
             KHANAPARA
             GUWAHATI-78102

Advocate for the Petitioner   : MR. T DEURI,

Advocate for the Respondent : SC, APSC, SC, FINANCE DEPTT.,GA, ASSAM,MR. P P DUTTA




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

05.03.2025 Heard Ms. B. Bhuyan, learned Senior Counsel assisted by Mr. T. Deuri, learned counsel for the petitioner. Also heard Mr. T.J. Mahanta, learned Senior Counsel assisted by Ms. P. R Sarma, learned Standing Counsel for APSC.

The question before this Court is whether the petitioner is entitled to be shown the evaluation made in respect of the answer script of the petitioner by the APSC in respect of the written test undertaken for the recruitment for filling up the post of Finance and Accounts Officer/Treasury Officer, Grade-I, Grade-III, under the Assam Finance Service Cadre.

The learned counsel for the petitioner submits that inspite of RTI applications Page No.# 3/3

filed, her prayer has been rejected and therefore she has approached this Court.

Mr. T.J. Mahanta, learned Senior Counsel strongly objects to the prayers made. He submits that pursuant to the Apex Court Judgment rendered in Angesh Kumar and Ors. Vs. Union Public Service Commission and Ors, reported in 2018 (4) SCC 530 as well as subsequent orders passed by Coordinate Bench of this Court evaluation of the answer scripts undertaken cannot be shown to the writ petitioner except in cases where great public interest are involved. He however fairy submits that in one particular matter before a Division Bench of this Court, the answer scripts were placed before the Court for perusal of the counsel representing the appellant.

Considering the submissions made, we permit the learned counsel for the respondents to obtain instructions whether similar benefit can be given to the petitioner as was done in the case of writ appellant in Writ Appeal No.183/2021.

Let the matter be listed again on 07.04.2025.

JUDGE

Comparing Assistant