JNANDEEP RABHA Vs. THE STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-2-175
HIGH COURT OF GAUHATI
Decided on February 23,2018

Jnandeep Rabha Appellant
VERSUS
The State Of Assam And 5 Ors Respondents

JUDGEMENT

ACHINTYA MALLA BUJOR BARUA,J. - (1.) Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned standing counsel for the Higher Education Department in the Government of Assam as well as Ms. D.D. Barman, learned Addl. Senior Govt. Advocate appearing for the respondent Nos.1 and 5 and Mr. P.D. Nair, learned counsel for the respondent No.6.
(2.) The petitioner who has the qualification of HSLC pass with Diploma in Computer had participated in a selection process for the post of Library Assistant in the Nagaon College, pursuant to the notification of the Employment Exchange of Nagaon dated 10.12.2012. As per the said notification, the qualification of HSLC was shown as essential and Graduate ( B.A., B.S.c., B.com) and Diploma in Computer as desirable. Further the post was shown to be reserved for ST(P) candidates.
(3.) It is the case of the petitioner that in the resultant selection process, he was shown to have been selected having secured 25.53 marks. In the same selection, the respondent No.6 had also participated and he was in the 5th position having secured 22.21 marks. While the petitioner was waiting for the result of the said selection to be declared, the respondent authorities issued another advertisement for the same post on 27.03.2013. The subsequent advertisement stated that the required qualification for the post of Library Assistant would be HSLC and the candidates must have Diploma Certificate in Computer. Accordingly, the petitioner having no other option and also as a matter of abundant precaution participated in the subsequent selection process. In the mean time, the petitioner under the Right of Information Act of 2005, applied for the reason, as to why the first selection was not further proceeded and also as to why the second advertisement was issued for the same purpose. Upon being provided with the information, the petitioner could learn that by the resolution of the Governing Body of the Nagaon Girls College dated 05.03.2013, it was resolved that the earlier advertisement by the Employment Exchange did not contain the correct educational eligibility requirement of the candidates, and as a result, legal anomalies could not be ruled out in the selection process. Accordingly a decision was taken that the select list prepared by the selection committee pursuant to the advertisement of 10.12.2012 be cancelled and the employment exchange be requested to send a fresh list of candidates from amongst those registered with them, by providing the minimum eligibility criteria to be HSLC with either Certificate/Diploma in Computer.;


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