KHANDAKAR RAJJAK AHMED Vs. STATE OF ASSAM AND 4 ORS REP BY COMMISSIONER AND SECRETARY TO GOVT OF ASSAM
LAWS(GAU)-2018-7-63
HIGH COURT OF GAUHATI
Decided on July 19,2018

Khandakar Rajjak Ahmed Appellant
VERSUS
State Of Assam And 4 Ors Rep By Commissioner And Secretary To Govt Of Assam Respondents

JUDGEMENT

L. S. Jamir, J. - (1.) Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. S.K. Medhi, learned Additional Advocate General, Assam assisted by Mr. D. Nath, learned Additional Senior Government Advocate appearing for all the State respondents.
(2.) The respondents issued an advertisement dated 23-07-2014 for filling up of various posts under the Forest Department, Assam amongst which, the post of Forester Grade-1 was also included. The number of posts to be filled up for Forester Grade-1 is 141. The petitioner applied for the post of Forester Grade-1 and he appeared in the written test which was conducted on 12-07-2015. The petitioner was successful in the written test and he was allowed to appear in the Viva-Voce Test which was held on 04-01-2016. Thereafter, final select list was published through a notice dated 26-02-2016 wherein, the Roll No of the petitioner did not figure. Being aggrieved, the petitioner is before this Court with the following prayer:- "In the premises aforesaid, it is therefore, prayed that Your Lordship may be pleased to admit this petitioner, call for the records and issue Rule calling upon the respondent authorities to show cause as to why this Hon'ble Court may not pass an order; (i) Directing the respondent authorities to appoint the petitioner as a special case in view of his performance in the Written Test and also in exercise of the reservation right of the respondent authorities as per the Advertisement dated 23.07.2014 (Annexure-2) (ii) Upon cause or causes being shown and upon perusal of the records and hearing the parties be pleased to make the Rule absolute and/or pass such other order/orders as to Your Lordship may deem fit and proper".
(3.) Mr. P.K. Deka, learned counsel for the petitioner submits that the petitioner is not challenging the selection process and in fact, the petitioner is praying to be appointed to a vacant post of Forester Grade-1 as a special case considering that he has missed the cut-off mark by only 6 marks. It is submitted that the cut-off mark for the unreserved category for male candidate has been fixed at 120 marks and the petitioner have scored 93 marks in the written test and 21 marks in the Viva-Voce Test totaling to 113 marks. Learned counsel for the petitioner also submits that by a Notice dated 26-02-2016, 140 candidates were selected to fill up the post of Forester Grade1 under the Forest Department, Assam. Thereafter, 3 candidates had declined to be appointed to the post of Forester Grade-1 and admittedly, there are 3 vacant posts to be still filled up. In that view of the matter, he submits that a direction be issued to the respondents to consider the case of the petitioner as a special case for appointment to one of the vacant post of Forester Grade-1. In the alternative, learned counsel for the petitioner also prays for a direction to allow the petitioner to make a representation before the concerned authority to consider his case for being appointed to one of the vacant post of Forester Grade-1.;


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