MUMTAJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) A distinct commonness in the challenge projected in each of the writ petitions being discernible, all the cases were considered analogously and will be covered by the present Judgment and Order.

(2.) An advertisement dated 21.8.2004 was published in the leading newspapers of the State of Assam inviting applications for filling up nearly 5500 posts of Constables. The vacancies were identified separately for each armed police battalion having its permanent Headquarters in a district and the executive force of such district. Recruitment was to be held in 25 different centers covering each district of the State for the post/vacancies identified separately for each district, as already noticed. Nearly 2 lakh candidates took part in the recruitment rallies which were eventually held between 3rd to 11th December 2004. On completion of the recruitment drive, select lists for each district separately for the Armed police battalion/battalions located in the district and the district executive force were prepared. It is at this stage that the present group of writ petitions have been filed challenging the recruitment process and the select list prepared on grounds that will be noticed a little later. What would be significant to be noticed at this stage is that nearly 3000 unsuccessful aspirants are the petitioners in this group of writ petitions. The selected candidates who subsequently got themselves impleaded in the present proceedings numbered over 1000.

(3.) At the initial stage of the present proceedings, this Court, by several orders passed, had directed the official respondents to submit the records of the selection to the Court. The records having been so submitted were ordered to be kept in safe custody of the officials of the Registry of the Court. The aforesaid course of action was adopted by the Court in view of the apprehensions expressed by the writ petitioners that the records relevant to the selection process may be destroyed, as had happened in the selection that had preceded the present recruitment. The records produced by the respondents, in view of the huge number of candidates who had taken part in the selection, naturally, is voluminous. In view of the pleadings contained in the writ petition and the grievances projected, limited scrutiny of such records, as would be permissible for a Writ Court to undertake was made with the assistance of three Judicial Officers who had rendered their valuable assistance to the Court. In the course of the prolonged hearing of the cases the officials responsible for the selection in the different centers were present to ensure an orderly and systematic presentation of the records before the Court.