PRANITA KALITA, Daughter of Sri Bhugiram Kalita v. STATE OF ASSAM
2017-08-02
A.K.GOSWAMI
body2017
DigiLaw.ai
JUDGMENT & ORDER (ORAL) : Heard Mr. A.K. Deka, learned counsel for the petitioners. Also heard Mr. T.C. Chutia, learned State counsel, appearing for the respondent No.1. 2. By this application under Article 226 of the Constitution of India, the petitioners pray for setting aside and quashing of the entire selection process conducted pursuant to the advertisement No.ASLSA/48/2008 dated 26.12.2016 and for a direction to initiate the selection process afresh. 3. By the aforesaid advertisement, applications were invited for the posts of Accountant, LD Assistant, Stenographer (Grade-III), Driver (Heavy Vehicle) and Peon. The petitioner No.1 had applied for the post of Peon and the petitioner No.2 for the post of LD Assistant. 4. In Paragraph-4 of the writ petition, it is averred that there were 540 applications for the post of LD Assistant, 36 for Driver, 38 for Stenographer (Grade-III) and 54 for the post of Accountant. However, there is no mention with regard to the number of applicants, who had applied for the post of Peon. It is stated that written test for the aforesaid posts was held on 29.01.2017 and the result of the written examination for the post of LD Assistant and Accountant was declared on 07.03.2017. Viva-voce/personal interview for the post of peon was held on 3(three) phrases, i.e. from 06.02.2017 to 10.02.2017; 13.02.2017 to 16.02.2017 and 22.02.2017 to 24.02.2017. Viva-voce and personal interview for the post of LD Assistant was held on 14.02.2017, 15.02.2017 and 16.03.2017. 5. It is alleged in the writ petition that the respondents had uploaded the list of valid candidates only in the website and the candidates were asked to download the format of Admit Cards uploaded in the website. Though fee was collected from the intending candidates, no Call Letters were issued to them, as a result of which, many of the candidates could not take part in the written test as they did not have information about the same. Further allegation is that the respondent No.3, who was working in the Office of the Member Secretary of the Assam State Legal Services Authority on daily wages basis, had been selected and appointed as LD Assistant. It is averred in Paragraph-15 of the writ petition that he was also associated in the selection process and the said fact establishes that illegality was committed in the selection process.
It is averred in Paragraph-15 of the writ petition that he was also associated in the selection process and the said fact establishes that illegality was committed in the selection process. Exception is also taken to the fact that appointment orders were issued on the very same day of publication of the result providing 5(five) days time to the appointees to join their respective service. 6. On a specific query of the Court, Mr. Deka has submitted that the petitioners had participated in the selection process and had taken part in the written test as well as viva-voce but they could not come out successful. 7. In the advertisement under the heading “How to Apply”, amongst others, it was indicated as follows:- “The list of the candidates, with allotted Roll Nos. will be published on website of ASLSA www.assamslsa.com www.kamrupjudiciary.gov.in for reference of the candidates in due course and no separate Admit Card/Call Letter shall be issued. Candidates are required to regularly visit the Notified Website of ASLSA.” 8. The advertisement was not under challenge at any point of time and based on the stipulations in the advertisement, no separate Admit Card/Call Letter was issued. The candidates were required to regularly visit the notified website of ASLSA and as pleaded by the petitioners themselves, format of Admit Card was uploaded in the website. It is also not that the petitioners were unaware of the requirement of downloading the Admit Card as the petitioners had participated in the selection process. In that view of the matter, the grievance raised by the petitioners with regard to Call Letter/Admit Card, is without any merit. 9. If prompt action is taken for issuing appointment orders pursuant to a selection process conducted, it cannot, even remotely, lead to an inference that because of the same, selection process is vitiated. 10. The respondent No.3, who was working on daily wages basis, also had a right to apply pursuant to the aforesaid advertisement in question. Merely because the respondent No.3 was selected, without anything more, cannot vitiate the selection process. It is to be noted that statements made in Paragraph 15 including the statement that the respondent No.3 was associated with the selection process is verified as submission only.
Merely because the respondent No.3 was selected, without anything more, cannot vitiate the selection process. It is to be noted that statements made in Paragraph 15 including the statement that the respondent No.3 was associated with the selection process is verified as submission only. Such averments being not verified and affirmed as true to the knowledge of the deponent or to the information of the deponent which he believed to be true, and being affirmed as only submission, fall short of being foundational facts, required to be pleaded, to impeach a selection process. 11. Having regard to the above, I do not find that any case is made out for interference of this Court and accordingly, the writ petition is dismissed at the motion stage itself.