SMTI DHARITRI KALITA W/O HEMENTA KR NATH Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-8-67
HIGH COURT OF GAUHATI
Decided on August 20,2018

Smti Dharitri Kalita W/O Hementa Kr Nath Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

L S Jamir, J. - (1.) The Deputy Commissioner, Kamrup issued an advertisement under No.Janasanyog/1711/13 which was published on 18-02-2014 inviting candidates for filling up of 8 posts of Junior Accounts Assistant (JAA in short) in the Office of the Treasury Establishment of Kamrup District. Amongst the 8 posts advertised, 1 post each was reserved for unreserved category, Physically Handicapped (Lower Vision), S.T (P), S.T (H), and S.C and 3 posts were reserved for OBC/MOBC. The advertisement further provides that the appointments shall be made after keeping the due consideration on reservation of vacancies S.C, S.T (P), S.T (H), OBC/MOBC and women as per Government guidelines. The petitioner being qualified applied for the post in the prescribed format with the bonafide belief that the respondents will follow the reservation meant for women in filling up the post in terms of Clause 6 of the advertisement and the provisions of the Assam Women (Reservation of Vacancies in Services and Posts) Act, 2005 ( the Act of 2005 in short) and the rules framed there under. The petitioner appeared in the selection process and was successful. Further, the petitioner was the only woman candidate amongst the short listed general category candidate pursuant to the selection. A Selection Committee meeting under the Chairmanship of the Deputy Commissioner, Kamrup was convened on 24-06- 2015 and the Selection Board on the basis of total marks obtained in the written test, computer test and viva-voce selected the respondent No.4 in order of merit against the one vacant post kept for unreserved candidates. Thereafter, a Notification dated 25-06-2015 was issued by the Deputy Commissioner-cum-Chairman of the Selection Board, Kamrup, Amingaon declaring the candidates who were provisionally selected for appointment subject to receipt of satisfactory Police Verification Report and Medical Fitness. The present writ petition has been filed by the petitioner challenging the appointment of the respondent No.4 on the ground that the respondents had failed to consider the case of the petitioner while filling up the post of JAA under women reservation as provided under the Act of 2005 and the rules framed there under.
(2.) Heard Mr. K.N. Choudhury, learned senior counsel appearing for the petitioner. Also heard Mr. S.K. Medhi, learned Additional Advocate General, Assam appearing for the respondent Nos. 1 and 2 and Mr. U.K. Nair, learned senior counsel appearing for the respondent No.4.
(3.) Mr. K.N. Choudhury, learned senior counsel for the petitioner submits that in terms of the advertisement, the petitioner being qualified, applied for the post of JAA. He submits that Clause 6 of the advertisement clearly specified that appointments shall be made having due regard to reservation of vacancies, i.e S.C, S.T (P), S.T. (H), OBC/MOBC and women as per the Government guidelines. Pursuant to the submission of her application, the Chairman of the Selection Board by a letter dated 19-09-2014, notified that the written test for the posts will be held on 19-10-2014. The petitioner was also allotted Roll No. 325. The petitioner was successful in the written test and accordingly, she was called for appearing in the Viva-Voce and Computer Test by a letter dated 11-06-2015. The petitioner appeared in the Viva-Voce on 24-06- 2015 and having done exceptionally well and being the only women candidate, was expecting to be appointed as a JAA. Thereafter, the Selection Board held its meeting on 24-06-2015. However, the respondent No.4 was selected against the one vacant post kept for unreserved category. The petitioner after coming to learn about the appointment of respondent No.4 as JAA against the vacancy earmarked for general category candidates also came to learn that the appointment of the respondent No.4 has been made without following the provisions of the Act of 2005 and the rules framed there under as well as the stipulation made in Clause 6 of the advertisement published on 18-02-2014. It is submitted that being aggrieved on not being selected, one of the petitioner's relatives made an application under the RTI on 29-07-2015 seeking information in respect of the entire selection process which was held pursuant to the advertisement that was published on 18-02-2014. The respondents furnished information on 11-09-2015 in respect of the selection process and she came across the copy of the final evaluation sheet of the candidates in respect of the written test, oral and computer test for the said post. It is submitted that 12 candidates were declared qualified including the petitioner in the written test. In the general category, four candidates qualified and the petitioner was the only woman candidate amongst the four general category candidates. It is also submitted that on further inquiry, the petitioner came to learn that the cadre strength of JAA in Kamrup District is 18 out of which, 9 posts were already filled up on earlier occasions. Further, pursuant to the instant selection process, the respondents had appointed 6 incumbents including the respondent No.4 by the Notification dated 25-06-2015 and therefore, at present, there are 15 incumbents serving in the said cadre. However, not a single woman candidate has been appointed in these 15 numbers of posts by the State respondents.;


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