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Gauhati High Court
Kunal Kashyap Thakuria And 10 Ors vs The State Of Assam And 3 Ors on 26 February, 2026
Page No.# 1/12
GAHC010116542020
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3433/2020
1.KUNAL KASHYAP THAKURIA AND 10 ORS.
S/O HIENDRA NATH THAKURIA, R/O HOUSE NO. 7,
BATHOUTHANCHALIPATH, NEAR M.P. ACCADEMY, KHERAIKUSHI,
CHANDAN NAGAR, GHORAMARA, BELTOLA, PIN-781040, DIST. KAMRUP
(M), ASSAM
2: HELINA NARZARY
D/O JOTISH KUMAR NARZARY R/O UZAN BAZAR BAROWARI RLY. CLN.
QTR. NO. L/124 B GUWAHATI-781004 DIST. KAMRUP (M) ASSAM
3: GAYATRI CHOUDHURY
D/O AJIT CHOUDHURY R/O TOWN-BORPARA BONGAIGAON WARD NO. 23
PIN-783380 DIST. BONGAIGAON ASSAM
4: DAVID BORKAKOTI
S/O TARULATA BORKAKOTI R/O HOUSE NO. 172 G.N.P. ROAD
CHANDMARI COLONY NEAR SHEPHERD SCHOOL DIST. KAMRUP (M)
ASSAM PIN-781003
5: KARAM VIR ISLARY
S/O ABHINASH ISARY R/O H. NO. 109 HATHIMATHA ROAD KOKRAJHAR
P.O. AND DIST. KOKRAJHAR ASSAM PIN-783370
6: DEEBAJEET BARMAN
S/O KAMALISWAR BARMAN R/O A.I.D.C. NABIN NAGAR TRIBANI PATH
HOUSE NO. 31 NANAKVILLA DIST. KAMRUP (M) ASSAM PIN-781024
7: KISHORE KUMAR CHOUDHURY
S/O DINOBANDHU CHOUDHURY R/O VILL. KALLIYAPARA
P.O. MONIARI TINIALI PIN-781125 DIST. KAMRUP ASSAM
8: KAMRUZ ZAMAN
S/O NURUZ ZAMAN R/O NEAR TARAJAN HIGH SCHOOL JORHAT
P.O. P.S AND DIST. JORHAT ASSAM PIN-785001
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9: RITUPOBAN DOUL BARUAH
S/O RAJEN DOUL BARUAH R/O MILAN NAGAR JORHAT
P.O. P.S AND DIST. JORHAT ASSAM PIN-785001
10: MOON MOON TISSOPI
D/O ROBIRAM TISSO R/O VILL. TUMPRENG TISSO GAON
P.O. TUMPRENG PIN-782485 DITS. WEST KARBI ANMGLONG
11: PRIYANUJ MAHANTA
S/O ANIL MAHANTA R/O BARMUKH CHUTIYA GAON
P.O. JOYRAPAR PIN-785697 DIST. SIVASAGAR ASSAM
VERSUS
1.THE STATE OF ASSAM AND 3 ORS.
REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM
2:SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPTT.
3:ASSAM PUBLIC SERVICE COMMISSION
REP. BY THE SECRETARY TO THE COMMISSION JOYANAGAR
KHANAPARA GHY-22
4:CHIEF ENGINEER PUBLIC HEALTH ENGINEERING
PUBLIC HEALTH ENGINEERING DEPTT. BAMUNIMAIDAN GHY-78102
Linked Case : WP(C)/4656/2021
1.UDIPTA GOGOI AND 8 ORS.
S/O- MRIDUL CHANDRA GOGOI R/O- UDAY NAGAR JAIL ROAD
JORHAT P.O. P.S. AND DIST.- JORHAT PIN- 785001.
2: MS. GONGOTRI RAJBONGSHI
D/O- NAGEN RAJBONGSHI R/O- VILL.- DIHINGIA KALITA GAON
P.O. BALI PUKHURI TINIALI TEZPUR DIST.- SONITPUR PIN- 784001.
3: MS. POLY GOSWAMI
D/O- JUKTI PR. GOSWAMI R/O- KACHALUKHOWA NAGAON
ASSAM PIN- 782001.
4: RAFI AHMED
S/O- SAWKAT ALI AHMED R/O- WARD NO. 8 KOKRAJHAR HATIMATHA
KOKRAJHAR PIN- 783370.
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5: UPAMA KALITA
W/O- SUJIT DEKA R/O- H/NO. 20 PANI PATH AMBIKAGIRI NAGAR 781024
6: MS. MANIKANKANA KAKATI
D/O- BIPIN BIHARI KAKATI R/O- VILL.- MATIPARBAT SUALKUCHI
P.O. AND P.S. SUALKUCHI PIN- 781103.
7: PRITHIBI DAS
D/O- GOKUL CHANDRA DAS R/O- RAJABARI MISSION COMPOUND
NEAR ETC JORHAT P.O. JORHAT P.S. CHINAMORA PIN- 785014.
8: MS. TUMPA SINGHA
D/O- SRI MANORANJAN SINGHA R/O- PUB SOALANI P.O. AMBAGAN
P.S. RUPOHI HUT DIST.- NAGAON-782120.
9: MS. PORI SONOWAL
D/O- JAGANATH SONOWAL R/O- BOKOTA SONAPUR VILLAGE
P.O. PATSAKU DIST.- SIVASAGAR PIN- 785673.
VERSUS
1.THE STATE OF ASSAM AND 3 ORS
REP. BY THE CHIEF SECRETARY GOVT. OF ASSAM
2:SECRETARY TO THE GOVT. OF ASSAM
PUBLIC HEALTH ENGINEERING DEPARTMENT.
3:ASSAM PUBLIC SERVICE COMMISSION
REP. BY THE SECRETARY A.P.S.C.
JAYANAGAR KHANAPARA GHY-22.
4:CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING DEPARTMENT
HENGRABARI GHY- 781021.
Linked Case : WP(C)/3504/2020
1.SIDDHARTH RAJKHOWA AND 36 ORS.
SON OF SHRI MANISH RAJKHOWA RESIDENT OF K. K. BHATTA LANE
SHANKAR- MADHAV SUB- BYLANE H. NO-1 HATIGAON GUWAHATI781038
DISTRICT KAMRUP (M).
2: MS POLY DEKA
DAUGHTER OF LATE BIRAJ KUMAR DEKA RESIDENT OF HOUSE NO 28
SWAHID PATH SURVEY BELTOLA ASSAM PIN 781028.
3: SHRI KRISHNAV JYOTI SARMA
SON OF SHRI NARENDRA NATH SARMA RESIDENT OF AMBIKAGIRI
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NAGAR KAMALA PATH HOUSE NO. 4 ASSAM PIN 781024
4: MS. SIKHA SARMA
DAUGHTER OF SHRI NAGEN SARMA RESIDENT OF VILLAGE RAIBORY
(BRAHMUNPARA) PO BONGARA PS PALASHBARI DIST KAMRUP PIN 781015
5: SHRI NAYANA KUMAR
DAUGHTER OF LATE DINESH KUMAR DASRESIDENT OF MEGHMALLAR
APARTMENT FLAT NO. 103 F.C. ROAD UZANBAZAR LATASIL GUWAHATI
PIN 781001
6: MS. DITIMONI GOGOI
DAUGHTER OF LATE TIRTHA NATH GOGOI RESIDENT OF C/O TARUN
CHOUDHURY VILLAGE SOALKUCHI KANCHAN NAGAR P.O SOALKUCHI
GUWAHATI ASSAM KAMRUP (R) PIN 781103
7: MS. MINAKSHI DAS
DAUGHTER OF SHRI MUKUNDA CHANDRA DAS RESIDENT OF ABS
HERMITAGE RUPKONWAR PATH BYLANE NO 2 HENGRABARI
GUWAHATI PIN 781036
8: MS. PRANITA KALITA
DAUGHTER OF BHUPESH CHANDRA KALITA RESIDENT OF HENGRABARI
LICHUBAGAN ZARNAPAR PATH HOUSE NO 5 GHY 781036
9: SHRI MRIDUL BARMAN
SON OF JYOTISH CH BARMAN RESIDENT OF BHASKAR NAGAR
ZOO ROAD TINIALI 2ND BYE LANE MILIJULI CHOWK
HOUSE NO 12 GUWAHATI 781021
10: SHRI BANAJIT DAS
SON OF SHRI DINESWAR DAS RESIDENT OF C/O THE INSTITUTION OF
ENGINEERS (INDIA) ASSAM STATE CENTRE BUILDING CAMPUS
GUWAHATI 781001
11: SHRI NAYANJYOTI KALITA
SON OF SHRI PRAMOD CH. KALITA RESIDENT OF SATGAON
DALBARI BEHIND PHE WATER TANK JONAKI PATH H.NO 66 ASSAM
PIN 781071
12: MS HOMAKALA DEVI
DAUGHTER OF SHRI NAR BAHADUR BHATTARAI RESIDENT OF ASEB
COLONY NARENGI QRT. NO. TYPE VI/01/02 P.O. NARENGI PS NOONMATI
KAMRUP (M) GUWAHATI 781026
13: SHRI ANGSHUMAN TALUKDAR
SON OF DILIP TALUKDAR RESIDENT OF DHRUBAJYOTI PATH H.NO 2
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RGB ROAD P.O. ZOO ROAD P.S. GITANAGAR DISTRICT KAMRUP(M)
ASSAM PIN 781024
14: MS MANIMALA DAS
DAUGHTER OF SHRI JOGEN CHANDRA DAS RESIDENT OF E.S.I.C STAFF
COLONY BAMUNIMAIDAM GUWAHATI P.S CHANDMARI
P.O BAMUNIMAIDAM GUWAHATI 781021 DISTRICT KAMRUP (M).
15: MS HIMASHRI KALITA
DAUGHTER OF CHANDRA KANTAKALITA RESIDENT OF WARD NO.9
PATHSALA P.O PATHSALA PIN 781325 DISTRICT BARPETA ASSAM
16: MS GITUMONI GOGOI
DAUGHTER OF INDRAJITGOGOI RESIDENT OF 2 NO. NAOHOLIA
P.O. NAOHOLIA DIST DIBRUGARH ASSAM PIN 786191
17: MS PRANAMI BORAH
DAUGHTER OF LATE HAREN BORAH RESIDENT OF LEPETKATTAKACHARI
GAON. P.O./P.S BARBARUAH PIN 786007 DIBRUGARH ASSAM
18: SHRI ANUPAM SONOWAL
SON OF MUNINDRA NATH SONOWAL RESIDENT OF VILLAGE KHONIA
GAON CHOWKIDINGHEE PS MILAN NAGAR PO KHONIA GAON PIN 786003.
19: SHRI NAYANMONI HAZARIKA
SON OF SHRI BASANTA HAZARIKA RESIDENT OF VILLAGE
CHAGALICHUBURI P.O BIHAGURI P.S TEZPUR DISTRICT SONITPUR
ASSAM 784153
20: MS SUSHMA DAS
DAUGHTER OF SHRI SWADESH DAS RESIDENT OF HOUSE NO 644 VILLAGE
FATASHILGANESHPARANEAR MILONJYOTI CLUB P.O. DHIRENPARA
P.S FATASHIL AMBARI PIN 781025
21: MS BARASHA KALITA
DAUGHTER OF SHRI PARESH CH. KALITA RESIDENT OF SAWKUCHI
JONAKINAGAR BYE LANE 6 HOUSE NO 5 P.O. SAWKUCHI GUWAHATI
781040
22: SHRI PRITHIRAJ BASUMATARY
SON OF SHRI PRABINBASUMATARY RESIDENT OF VILLAGE LURI
P.O NARTAP SONAPUR KAMRUP METRO PIN 782402
23: SHRI BIKASH MANDAL
SON OF SHRI BIRENMANDAL RESIDENT OF SALBARI PIPELINE
WARD NO 12 NORTH BONGAIGAON DISTRICT BONGAIGAON
BONGAIGAON ASSAM PIN 783380
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24: MS BHARGOBI GOGOI
DAUGHTER OF SHRI GIRISH GOGOI KHUMTAI GAON
P.O DAKHINHENGRA GOLAGHAT
25: MS PRAGYA BORA
DAUGHTER OF SHRI KULENDRA BORA NAMCHONIA GAON
P.O. KAMARBANDHA ALI PIN 785625 DIST GOLAGHAT ASSAM
26: MS RISHMA HUSSAIN
DAUGHTER OF MD ABUL HUSSAIN VILLAGE MARUACHOWKI
POST OFFICE MARUACHOWKI DISTRICT DARRANG (ASSAM)
POLICE STATION SIPAJHAR PIN 784145
27: SHRI SIMANGSHA MACHAHARI
SON OF SHRI RUBENDRAMACHAHARI RESIDENT OF VILLAGE
BWIGRIGURI P.O./P.S. UDALGURI DIST UDALGURI ASSAM PIN 784509.
28: SHRI JATIN KAKATI
SON OF SHRI MAHENDRA CHANDRA KAKATI RESIDENT OF VILLAGE
AMGAON P.O BONDA NARANGIP.S PRAGJYOTISHPUR DISTRICT KAMRUP
(M) PIN 781026 ASSAM
29: SHRI SANTANU BARUAH
SON OF SHRI MOHAN BEZBARUAH RESIDENT OF NABAGRAHA ROAD
CHANDANGIRI H/NO. 09 P.O SILPUKHURI DIST KAMRUP (M) GUWAHATI
ASSAM. PIN 781003
30: SHRI KRISHNA MOHAN MONDAL
SON OF MANGAL CH MONDAL RESIDENT OF VILLAGE BALARCHAR PART
1 P.O KIRTANPARA PS MERERCHAR PIN 783384 BONGAIGAON ASSAM
31: SHRI BHASKAR PRATIM DEKA
SON OF DANESWAR DEKA RESIDENT OF VILLAGE SAIKIAPARA
P.O MENAPARA PIN 784146 P.S MANGALDAI DIST DARRANG (ASSAM)
32: MD ABDUL HYE SHEIKH
SON OF MD AYNAL HOQUE RESIDENT OF VILLAGE POLASHGURI NO. 1
P.O. SAPKATA P.S GOSSAIGAON DISTRICT KOKRAJHAR (BTR)
ASSAM PIN 783360
33: SHRI RAJDEEP BORAH
SON OF SHRI LABARAM BORAH RESIDENT OF VILLAGE GANAKDALANI
PO DHALPUR DISTTICE LAKHIMPUR PIN 784165
34: SHRI SUDARSAN SANKAR BORA
SON OF SHRISATYENDRA NATH BORA MANAI MAJI GAON
MALOW ALI P.O DHEKARGARAH JORHAT 785001
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35: MD MEHDI HASAN
SON OF MD. JULHAS ALI RESIDENT OF VILLAGE NEW KARAITARY
P.O FAKIRAGRAM P.S FAKIRAGRAM DISTRICT KOKRAJHAR PIN 783345
36: SHRI JYOTISH KALITA
SON OF SHRI PADMA KALITA RESIDENT OF VILLAGE GARAMUR DULIA
GAON OPPOSITE JORHAT RADIO STATION COLONY P.O JORHAT
ENGINEERING COLLEGE PIN 785007 JORHAT ASSAM
37: MS APARAJITA DAS
DAUGHTER OF LATE MUKUL CHANDRA DAS RESIDENT OF HOUSE NO. 15
NIRIBILI PATH RUKMINIGAON GUWAHATI PIN 781028
VERSUS
1.THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
IRRIGATION DEPARTMENTDISPUR GUWAHATI 781006 ASSAM.
2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT
CHANDMARI GUWAHATI 781003 ASSAM.
3:THE ASSAM PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
KHANAPARA GUWAHATI 781022 ASSAM
For the Petitioner(s) : Mr. D.P. Chaliha, Senior Advocate assisted by Ms. M. Roy,
Advocate in WP(C) No.3433/2020.
: Mr. K.N. Choudhury, Senior Advocate assisted by Mr. N.
Gautam, Advocate in WP(C) No.3504/2020.
For the Respondent(s) : Mr. P.N. Goswami, Additional Advocate General, Assam
assisted by Mr. I. Kalita, Advocate.
: Ms. P. Sarma, Advocate for APSC.
-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
26.02.2026
(Ashutosh Kumar, CJ)
We have heard Mr. K.N. Choudhury, learned Senior Advocate
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for the petitioners in WP(C) No.3504/2020; Mr. D.P. Chaliha, learned Senior
Advocate for the petitioners in WP(C) No.3433/2020 and Mr. P.N.
Goswami, learned Additional Advocate General, Assam for the State.
Ms. P. Sarma, learned Advocate for respondent/APSC is present.
The Assam Public Health Engineering Service Rules, 1996 (in
short, "Rules of 1996") provide that recruitment to Assistant Engineer shall
be made by direct recruitment on the basis of selection made in
accordance with Rule 6 of the Rules; and by promotion in accordance
with Rules 11, 13 and 14 of the Rules; and the percentage of filling up the
vacancies in the cadre of Assistant Engineer through direct recruitment
shall be 70% and on promotion from Junior Engineer to Assistant Engineer,
the percentage shall be 30%.
For promotion as Assistant Engineer, Rule 11 of the Rules of 1996,
requires that the Appointing Authority shall publish in the Official Gazette
annually the number of vacancies in the respective cadres of Assistant
Engineer which would occur or likely to occur in the year. Thereafter,
subject to suitability as may be decided by the Selection Board and by
the Appointing Authority, in consultation with the Commission, an officer
belonging to the corresponding cadre of Junior Engineer in Assam
Subordinate Engineering (PHE) Service shall be promoted to the cadre of
Assistant Engineer in the manner provided in Rules 13 and 14, provided
that such promotion would not be in excess of the 30% of the total
corresponding cadre strength of permanent and temporary Assistant
Engineers; and that a Junior Engineer, for promotion, must have minimum
qualification of Diploma in Engineering or equivalent, as recognized by
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Government of India and has rendered minimum 8(eight) years of
service as Junior Engineer on the first of January of the year of promotion.
There is a further requirement of such promotion being effective
only if the candidate has successfully undergone the training and has
passed the Departmental Examination, if any, as prescribed by the
employers/Government from time to time.
Rule 11(5), however, indicates that notwithstanding anything
contained in the Rules, on suitability, a Junior Engineer of the Assam
Subordinate Engineering Service (PHE), on his acquiring the academic
qualification, as prescribed for a direct recruit Assistant Engineer, shall be
promoted as Assistant Engineer, in consultation with the Commission, as
provided in Rule 14, against the next available vacancy in the cadre and
such promotion shall be treated as direct recruitment to the cadre of
Assistant Engineer for the purposes of the Rules.
Rule 12 provides the special procedure for promotion to
Assistant Engineer.
The petitioners before the learned Single Judge were Junior
Engineers (Civil) in Public Health Engineering Department (PHE) and
Irrigation Department, Government of Assam, appointed pursuant to a
selection process conducted by the Assam Public Service Commission
(APSC).
All the petitioners had the basic qualification of Diploma in Civil
Engineering, making them eligible to be promoted to the post of Assistant
Engineer, which promotion would be akin to direct appointment. Some
of the petitioners possessed higher degree, i.e. Bachelor Degree in Civil
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Engineering, but they opted to go for appointment as Junior Engineer
(Civil) for which the threshold minimum qualification is Diploma in
Engineering. Some of the petitioners acquired the higher degree, i.e.
Bachelor Degree in Civil Engineering during their service tenure as Junior
Engineer.
The petitioners were aggrieved by the notification, advertising
for filling up of the posts of Assistant Engineer under the direct quota
before the promotees, who had acquired or had the qualification of
Bachelor in Engineering or equivalent, apprehending that with the direct
recruits in the cadre, which is a common cadre, even if they are
promoted subsequently, they would be placed below the direct recruits,
whose appointment would have been made earlier at any point of time.
It was with this contention that the writ petitions were argued.
However, the referral Judge was under the doubt whether a
Junior Engineer, to be eligible after 8(eight) years of rendering services as
such, when at the time of entry in the service he already had the
academic qualification, making him eligible for applying for the post of
Assistant Engineer or should it be limited to the candidates acquiring such
higher degree during the tenure of Junior Engineer.
On such issue, the cases were referred to a Division Bench.
On 14.10.2025, while dealing with the issue, we, tentatively, were
of the view that such distinction would be flawed for the reason that it
does not serve any purpose nor is it logical.
Mere acquisition of a degree at any point of time would not
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render a person eligible for being appointed as Assistant Engineer on
promotion unless such Junior Engineer has served for 8(eight) years.
Similar would be the case with such Junior Engineer who has the eligibility
qualification of an Assistant Engineer, when he entered the service. In
such a situation, whether the academic qualification was acquired
during the tenure of the Junior Engineer or one already had that
qualification before joining the service but chose to serve as Junior
Engineer for the avenue of employment, would not make any distinction.
The eligibility requirement gets completed only when with such
academic qualification, a Junior Engineer has rendered 8(eight) years of
service in that post.
That apart, a composite reading of Rule 11 of the Rules of 1996
would make it very clear that the respective quota of direct recruits and
recruitment by promotion has been fixed, which is 70% for direct
recruitment and 30% for promotion.
A Junior Engineer would be eligible for being promoted on the
notification of the vacancy position and also the process undertaken by
the Government for filling up the afore-noted recruitment by promotion.
In any view of the matter, such distinction between the
threshold/eligibility degree either having been acquired during the
service tenure or even before would not make any difference in the
recruitment process.
Any dispute with respect to any delayed appointment by
promotion is an issue which would require consideration by the learned
Single Judge.
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The reference is answered accordingly.
The cases are remitted to the learned Single Judge for disposal
of the same.
The learned Single Judge would also consider vacating the
interim stay on the recruitment process in whichever quota.
Re-notify these writ petitions before the learned Single Judge,
preferably on 27.04.2026.
JUDGE CHIEF JUSTICE
Comparing Assistant
