Ahmed Haque Choudhury & Ors. v. State of Assam and Ors.
2014-08-06
UJJAL BHUYAN
body2014
DigiLaw.ai
Ujjal Bhuyan, J. -- This order will dispose of all the three writ petitions. 2. Challenge in all the three writ petitions relates to selection and appointment to the post of Constable in Assam Police in respect of Cachar district. 3. Facts of the case may be briefly noted. 4. An advertisement was issued by the Inspector of General of Police (Administration), Assam on 20.02.2009, inviting applications for recruitment of 724 Constables in the newly created Assam Police Battalion (for ONGC Security), 676 posts of Constable in the newly created 24th Assam Police (IR) Battalion and 1002 posts of Constable in different Assam Police Battalions of the State, total posts being 2401. All the posts were Constable (Armed Branch). The scheme of selection comprised of physical test and interview. Only those candidates, who qualify in the physical efficiency test, would be short listed for the interview segment. While the physical efficiency test comprised of 50 marks under different heads, the interview segment was of 50 marks with qualifying marks of 26. It was provided that besides reservation for the reserved categories as per prescribed percentage, there would be 10% horizontal reservation for women candidates. Besides, 5% of the vacancies would be reserved for appointment on compassionate ground. Age limit, educational qualification and physical standard of the candidates were mentioned in the advertisement. It was stated that the candidates would have to submit their applications before the Superintendent of Police of the district where the candidate is ordinarily a resident. 5. Petitioners applied pursuant to the advertisement in respect of Cachar district. Physical verification test was conducted by two officers, one Inspector General of Police from Guwahati and one officer from Border Security Force (BSF). According to the petitioners, the BSF officer was very strict in his conduct and very sincere in his approach. Petitioners claim that they had passed the physical efficiency test. 6. On 19.05.2010, Addl. Director General of Police (T&AP), Assam published the select list in respect of Cachar district. In all 87 candidates were selected for appointment as Constable in Cachar district. However names of petitioners were not included in the said select list. 7. Aggrieved, petitioners have filed the three writ petitions for quashing the select list dated 19.05.2010 and for a direction to the respondents to prepare a fresh select list. 8.
In all 87 candidates were selected for appointment as Constable in Cachar district. However names of petitioners were not included in the said select list. 7. Aggrieved, petitioners have filed the three writ petitions for quashing the select list dated 19.05.2010 and for a direction to the respondents to prepare a fresh select list. 8. Contention of the petitioners is that procedure followed in the recruitment process was not as per procedure prescribed in the Assam Police Manual. Appointing authority is the Superintendent of Police. Contention is that under the Police Manual, the candidates should have sufficient intelligence and good physic and should be able to read and write. Recruitment should be from all communities proportionately. Further grievance is that provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules framed thereunder have not been followed. Separate lists ought to have been prepared for the reserved category candidates. One additional ground is taken in WP(C) No. 3932/2010, whereby it is also contended that section 4 of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005, which provides for 30% reservation for women candidates, has not been complied with. 9. Superintendent of Police, Cachar has filed affidavit through the Addl. Superintendent of Police. It is stated that all the candidates who had participated in the recruitment process were provided with marks according to different tests, viva-voce, qualification and other proficiencies. All norms of reservation were followed. It is stated that candidates had to appear in different tests, like physical efficiency test, reading and writing and viva-voce, and marks were allotted as per their performance. The result sheets of all the candidates, both successful and unsuccessful, were signed by all the Members and Chairman. Therefore, there was no scope for manipulation. Select list of 87 candidates in respect of Cachar district was prepared maintaining all norms and guidelines of the Govt. and was sent to the Chairman, State Level Police Recruitment Board, Assam, Guwahati for approval. It is stated that Superintendent of Police of the concerned district is the authority for enlistment of Constables, both Armed Branch and Unarmed Branch. By an administrative order, a Committee was formed to select suitable candidates for appointment of Constable.
and was sent to the Chairman, State Level Police Recruitment Board, Assam, Guwahati for approval. It is stated that Superintendent of Police of the concerned district is the authority for enlistment of Constables, both Armed Branch and Unarmed Branch. By an administrative order, a Committee was formed to select suitable candidates for appointment of Constable. Inspector General of Police (Admn.) was the Chairman of the Selection Board with the Commandant of BSF, Superintendent of Police of the district and one Medical and Health Officer as Members. All norms and guidelines were followed, including those relating to reservation, while preparing the select list. Mark sheets of all the candidates in the recruitment rally were signed by the Chairman and the other Members. Therefore, there was no scope for any interference in the selection process. 10. In the affidavit filed by the Superintendent of Police, Cachar himself in WP(C) No. 3932/2010, breakup of the selected candidates have been furnished as under : - (i) Scheduled Case - 5 (ii) Scheduled Tribe (P) - 8 (iii) Scheduled Tribe (H) - 4 (iv) OBC/MOBC - 19 (v) General - 51 Total - 87 11. These 87 successful candidates included 9 women candidates. In the category of 9 women selected candidates, 1 belonged to Scheduled Caste, 1 to Scheduled Tribe (P), 3 to OBC/MOBC and 4 to General category. It is specifically stated that the select list so prepared was approved by the State Level Police Recruitment Board. 12. I have heard Mr. R Mazumdar, learned counsel for the petitioners in WP(C) No.3545/2010 and Mr. B Chakraborty, learned counsel for the petitioners in WP(C) Nos. 3932/2010 and 3033/2010. Also heard Ms. B Dutta, learned Govt. Advocate, Assam, who has produced the voluminous original record of selection. 13. Submissions made by learned counsel for the parties are on pleaded lines and, therefore, those are not referred to in detail. However, Ms. B Dutta, learned Govt. Advocate has submitted on instruction that in case of Assam Police, the percentage of reservation for women is 10% and not 30% as per section 4 of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005. 14. Rival submissions made by learned counsel for the parties have been considered. I have also perused the record produced by the learned State counsel. 15.
14. Rival submissions made by learned counsel for the parties have been considered. I have also perused the record produced by the learned State counsel. 15. At the outset, it would be relevant to bear in mind that it was a state level recruitment process for appointment of as many as 2401 police Constables, though, in the present case, the challenge is confined to selection made in respect of Cachar district. 16. All the terms and conditions, including the scheme of selection and percentage of reservation for women were spelt out in detail in the advertisement. Petitioners had participated in the selection process knowing fully well the terms and conditions of the selection process. After the petitioners found that they were not selected, they, thereafter instituted the present challenge to the selection process. 17. Law on this point is well settled and requires no reinstatement. Having participated in the selection process with their eyes open and having taken a calculated chance, it is now not open to the petitioners to turn around and challenge the selection on the grounds mentioned in the writ petitions. 18. There is one more aspect to the matter. Petitioners have sought for quashing of the select list dated 19.05.2010. The select list comprises of 87 candidates. All the selected candidates who would be adversely affected if the select list is interfered with are not before the Court. Though some of the selected candidates have been impleaded as respondents, in the absence of all the selected candidates, it would be wholly unfair to embark upon any exercise to scrutinize the merit and legality of the selection. 19. Coming to the application of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 (Act), it would appear from a reading of section 4 thereof that reservation of 30% for women candidates are to be provided while making appointments to the services and posts in the establishment which are to be filled up by direct recruitment. Establishment has been defined in section 2(b). It means an office of the State Govt., a local or statutory authority, a corporation where the State Govt. has majority share, educational institutions, including universities which are owned or aided by the State Govt. and includes establishments in the public sector. Police force has not been mentioned in section 2(b) of the Act.
It means an office of the State Govt., a local or statutory authority, a corporation where the State Govt. has majority share, educational institutions, including universities which are owned or aided by the State Govt. and includes establishments in the public sector. Police force has not been mentioned in section 2(b) of the Act. Moreover, section 5 of the Act enables the State Govt. to exempt certain specialized services from the purview of the Act. Keeping in mind the above provisions and the statement made by learned State counsel that there is only 10% reservation for women in the police force, which is also reflected in the advertisement, I am of the considered view that no interference is called for in the selection on this ground. 20. Though the writ petitions can be dismissed on the above grounds, yet the Court has decided to scrutinize the record produced by the learned State counsel to satisfy itself that the selection did not suffer from any such infirmity, which would require interference by the Court. 21. From the record, it is seen that a total of 2205 candidates had appeared in the selection in respect of Cachar district, out of which 87 candidates were selected. The marks obtained by the last selected candidate in each category are as follows: - Marks 1. General - 61.5 2. SC - 60.5 3. ST (H) - 54.5 4. ST (P) - 56.5 5. OBC - 59.5 6. Women - 66.5 22. The marks secured by the petitioners along with particulars of their roll numbers and community status are as under: - WP (C). No. 3545 of 2010 Sl. No. Name of the Roll No. Community Marks candidates/ Writ obtained Petitioners , 1 Ali Amzad Borbhuiya 263 Gen 56.5 2 Samswar -Uddin 1024 Gen 52.5 Laskar 3 Karim Uddin 281 Gen 55 Borbhuiya 4 Mohim Uddin Laskar 501 Gen O, did not qualify in 100 Mtrs. Race 5 Rakib Hussain 523 Gen 51 Mazumdar 6 Ahad Ahmed Laskar 176 Gen 45 7 Nazrul Ahmed Kazi 547 Gen 53 8 Samiran Das 2138 SC 50 9 Nahim-Uddin Hazari 1982 Gen 51 10 Nazrul Haque Laskar 819 Gen 58 11 Sri Anup Das 258 Gen 57 12 Abdul Hannan Laskar 631 Gen 59.5 13 Rahul Amin 676 Gen 58.5 Choudhury 14 Manik Kumar Nath 644 OBC 53 15 Abdus Samad Laskar 456 Gen 55.5 16 Sujit Kr.
Paul 646 Gen 60.5 17 Afjal Hussain 546 Gen 57 Borbhuiya 18 Sri Dipak Das 1218 Gen 55.5 19 Siba Kumar Das 254 Gen 53.0 20 Saimullslam Laskar 652 Gen 48.5 21 Saddam Hussain 601 Gen 52.5 Laskar 22 Ajit Goala 1035 OBC 58 23 Chandra Kanta Goala 1037 OBC 52.0 24 Jul Ata Mizan 1064 Gen 52 Borbhuiya WP (C) No. 3033/2010 Sl. No. Name of the candidate/ Sl. No Community Marks Writ Petitioner obtained 1 Ahmed Haque 410 Gen 60 Choudhury 2 Rajesh Singh 2014' OBC 57.5 3 Pradip Chanda 1170 OBC 58 4. Sagar Pasi 992 OBC 57 5. Riajul lslam Borbhuiya 2100 Gen 55 6. Fakrul lslam Choudhury 1856 OBC 55 7. Dilwar Hussain 2163 Gen 60 Borbhuiya 8. Afjal Hussain Laskar 2007 Gen 57.5 9. Sahiduz Zaman 431 Gen 55.5 Borbhuiya 10. Sanajul Hussain Laskar 1837 Gen 50.5 11. Saharul Alam Laskar 873 Gen 51 12 Sahidul Ahmed Laskar 425 Gen 51 13. Abdul Hussain Laskar 2193 Gen 54 14. Imran Hussain Borbhuiya 1084 Gen 46.5 WP(C) No. 3932/2010 Name of the Writ Sl. No. Community Marks Petitioner obtained 1 Mili Begum Laskar 1323 Gen 62.5 23. Thus, it is evident from the above that none of the petitioners could secure more marks than the marks secured by the last selected candidate in each category. Accordingly, they were not selected. 24. That being the position, I am of the considered view that no case for interference in the selection and appointment is made out. Writ petitions are devoid of merit and are hereby dismissed. However, there shall be no order as to costs.