Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 180 Gua

Gauhati High Court

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

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                Page No.# 1/5

GAHC010090002025




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

                           Case No. : WP(C)/2351/2025

         NURNAHAR KHANAM AND ORS
         D/O DURJUN KHAN R/O VILLAGE KURIHA P O KAYAKUCHI P S BARPETA
         DISTRICT BARPETA ASSAM 781352

         2: RUBIYA YESMIN
          D/O JOBED AHMED R/O VILLAGE CHEDAMARI PO BALAPARA P S
         JOGIGHOPA DISTRICT BONGAIGAON ASSAM PIN 783388

         3: RUBITA HAZARIKA
          D/O RATUL HAZARIKA R/O VILLAGE BONAI NAPAMUA GAON PO BONAI
         PS TEOK DISTRICT JORHAT ASSAM 785683

         4: AKASH DEKA
          S/O AJIT KUMAR DEKA R/O VILLAGE KATAHGURI PO DHARAMTUL
         DISTRICT MORIGAON ASSAM 782412

         5: BARNALY BRAHMA
          D/O BIKASH BRAHMA VILLAGE HOUSE NO 306 KHAGRABARI HATISAR
         PO DEOSRI PS RUNIKHATA DISTRICT CHIRANG ASSAM 783375

         6: SHABNAM BASUMATARY
          D/O NAYAN BASUMATARY RESIDENT OF KABIRALI BETABARI PO
         KABIRALI PS UDALGURI DISTRICT UDALGURI ASSAM 784509

         7: RUPANKAR DEBNATH
          S/O RANJIT KUMAR DEBNATH R/O VILLAGE WARD NO 4 BYLANE 7 AT
         ROAD PO DERGAON PS DERGAON DISTRICT GOLAGHAT ASSAM 785614

         8: PRATYUSH PRITOM HAZARIKA
          S/O LT BUDHI PRASAD RESIDENT OF VILLAGE 3 NO PICHOLA
         DONGIAPAR PO DULIAPATHAR PS NARAYANPUR DISTRICT LAKHIMPUR
         784164

         9: SAMPA SAHA
                                                       Page No.# 2/5

 D/O SANTOSH KUMAR SAHA RESIDENT OF VILLAGE POCHAGARH
FAKIRAGRAM PO FAKIRAGRAM PS FAKIRAGRAM DISTRICT KOKRAJHAR
ASSAM 783345

10: GHANAPRAVA GHOSH
 D/O NANDAN GHOSH R/O VILLAGE GOALTULI WARD NO 6 PO
GOALPARA PS GOALPARA DISTRICT GOALPARA ASSAM 78310

VERSUS

THE STATE OF ASSAM AND ORS
REPRESENTED BY ITS SECRETARY PERSONNEL A DEPARTMENT DISPUR
GUWAHATI

2:THE ASSAM PUBLIC SERVICE COMMISSION AND ORS
 REPRESENTED BY ITS CHAIRMAN SITUATED AT JAWAHARNAGAR
KHANAPARA GUWAHATI 781006

3:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA
GUWAHATI 22

4:THE DEPUTY SECRETARY
ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA
GUWAHATI 22

5:THE COMMISSIONER AND SPECIAL SECRETARY
THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING
DEPARTMENT DISPUR GUWAHATI 6

6:THE DIRECTOR
TECHNICAL EDUCATION GOVERNMENT OF ASSAM KAHILIPARA
GUWAHATI 19

7:SAMARJYOTI NATH
 ROLL NO 14836

8:BIKASH KUMAR NATH
 ROLL NO 10956

9:RUPAM SARMAH
 ROLL NO 14685

10:JURI SONOWAL
 ROLL NO 12380

11:RASHMI SONOWAL
 ROLL NO 14396
                                                                              Page No.# 3/5


            12:SMRITI REKHA DAS
             ROLL NO 15232

            13:JUMKI BOKALIAL
             ROLL NO 12366

            14:CHRISTINA SENGYUNG
             ROLL NO 11242

            15:PALLABI DAS
             ROLL NO 13741

            16:JULI KARMAKAR
             ROLL NO 1235

Advocate for the Petitioner   : MR. K N CHOUDHURY, MR. D J DAS,N GAUTAM

Advocate for the Respondent : SC, APSC, SC, P H E,GA, ASSAM,SC, HIGHER EDU




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                         ORDER

05.05.2025

Heard Mr. KN Choudhury, learned Senior Counsel assisted by Ms. M. Mahanta, learned counsel for the petitioner. Also heard Ms. S. Boruah, learned Junior Government Advocate, Assam, for the respondent no.1, Mr. PP Dutta, leaned Standing Counsel, APSC for the respondents no. 2, 3 & 4, Mr. RR Googi, learned Standing Counsel, PHE for the respondent no.5 and Mr. AR Tahbildar, learned Standing Counsel, Higher Education Department for the respondent no.6.

By filing this writ petition, the petitioners have challenged their non- selection by the APSC, whereby their candidature was rejected in the selection process for appointment to the post of Junior Engineer (Civil) under the PHE Page No.# 4/5

Department. The petitioners claim to be Diploma Holders in " Civil Engineering and Planning" and "Construction Technology". It is the submission of the learned Senior Counsel for the petitioners that the petitioners' diploma in ' Civil Engineering and Planning' and 'Construction Technology' have been held by the AICTE to be equivalent to Civil Engineering. It is the submission of the learned Senior Counsel for the petitioners that this issue has already been dealt with by a Coordinate Bench of this Court in a bunch of writ petitions where the leading case is WP(C) No.2064/2023. The Coordinate Bench of this Court vide Judgment and Order dated 26.02.2024 had disposed of those writ petitions. Notwithstanding that the petitioners were not selected, purportedly on the ground that they did not possess the required qualification as the advertisement specified a Diploma in Civil Engineering from an institute recognized by the AICTE for the post of Junior Engineer (Civil). The question which the learned Senior Counsel has put before the Court is that notwithstanding the clarification issued by communication dated 10.03.2022 and the communication dated 13.07.2017 which is the adoption of qualification and experience prescribed by AICTE for direct recruitment in Engineering and Technology as well as the finding of the Coordinate Bench in WP(C) No.2064/2023 vide judgment and order dated 26.02.2024, whether the APSC as the authority, who is not required to prescribed any qualification but proceed with the selection only, can refuse to acknowledge or accept the qualification obtained by the petitioners as per AICTE norms. It is the submission of the learned Senior Counsel for the petitioners that the AICTE being the statutory authority constituted for regulation and proper maintenance of norms and standards in the technical education system in the country and for matters connected therewith, learned counsel for the petitioner submits that when the educational qualification has Page No.# 5/5

been prescribed by the AICTE and which has been adopted by the State and also when the PHE Department is the authority which had sent the requisition for selection to the post of Junior Engineer, the APSC cannot expand or redefine the qualification.

Under such circumstances, inaction of the respondents in rejecting the candidature of the petitioners is under question.

At this stage, issue notice, returnable by 4 (four) weeks.

Since the respondents no. 1 to 6 are represented by their respective counsel, Notices are waived. However, extra copies be furnished to them within 1 (one) week from today.

Steps for service of notice on the respondents no. 7 to 16 shall be undertaken through the respondent no.5.

Copies shall be served though the Office of the respondent no.5, who shall, in turn, forward the same to the respondents no. 7 to 16 at their respective places of posting. Let the steps on the respondent no. 7 to 16 be undertaken within one week from today.

The respondents shall complete their instructions and file necessary affidavit, if so advised in the meantime.

List the matter on 09.06.2025.

Prayer for interim order will be considered on the next returnable date.

JUDGE

Comparing Assistant