GIRISH RAJBONGSHI Vs. STATE OF ASSAM AND ORS
LAWS(GAU)-2018-5-57
HIGH COURT OF GAUHATI
Decided on May 10,2018

Girish Rajbongshi Appellant
VERSUS
STATE OF ASSAM AND ORS Respondents

JUDGEMENT

Hrishikesh Roy, J. - (1.) Heard Mr. T.J. Mahanta, the learned Senior Counsel appearing for the petitioner. The State respondents are represented by Mr. S.S. Roy, the learned Govt. Advocate. The 5th respondent Hiranya Saikia, whose appointment is under challenge, is represented by the learned Counsel Mr. R. Goswami.
(2.) The process of recruitment to the post of Chowkidar in the establishment of the Foreigners Tribunal (2nd), Mangaldoi, commenced with the advertisement dated 20.3.2010 and the petitioner and other aspirants offered their candidature(s). The candidates were evaluated by the 5 Member Selection Board on the criteria of their reading and writing capabilities, educational qualifications, manner and attitude, experience, financial status etc. On the basis of marks given by the Members of the Board, the select list was notified on 30.3.2010 (Annexure-2) in which the petitioner with his aggregate score of 34.1 secured the top position amongst the 11 participating candidates. The rival aspirant Hiranya Saikia (respondent No.5) with his aggregate score of 33.4, was placed in the 4th position. The Selection Board then considered the result sheet and recommended the petitioner for appointment on the basis of his highest aggregate score, in the selection exercise.
(3.) However most surprisingly, ignoring the recommendation for the top merited candidate, the impugned appointment order was issued on 31.3.3010 for the lesser merited Hiranya Saikia (respondent No.5). Assailing the legality of the appointment of the candidate with inferior merit, Mr. T.J. Mahanta, the learned Senior Counsel submits that this appointment was made for extraneous consideration and the action undermines the selection exercise, undertaken by the 5 Member Selection Board. In this context, he refers to the Deputy Commissioner s letter dated 7.4.2010 (Annexure-6) where it is reflected that the respondent No.5 was undeservingly appointed only because, he is the son of one Gobinda Saikia, serving as a Peon in the same establishment. As the petitioner was evaluated to be most meritorious, the Deputy Commissioner suggested cancellation of the undeserving appointment and proposed the appointment of the candidate recommended by the Selection Board.;


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