DIGANTA SARMA S/O TARUN CH SARMA Vs. CHAITALI SIDDHANTA AND 6 ORS
LAWS(GAU)-2018-7-33
HIGH COURT OF GAUHATI
Decided on July 13,2018

Diganta Sarma S/O Tarun Ch Sarma Appellant
VERSUS
Chaitali Siddhanta And 6 Ors Respondents

JUDGEMENT

A M Bujor Barua, J. - (1.) Heard Mr. KN Choudhury, learned Senior Counsel for the appellant, Mr. C.P. Sarma and Mr. A. Chamuah, learned counsel for the respondent No.1 and Mr. R.K.D Choudhury, learned Senior Government Advocate, Assam for the respondent Nos. 2, 3 and 4.
(2.) The appellant, being duly qualified, had offered his candidature to an advertisement dated 03.09.2013 issued by the Director General of Civil Defence and Commandant General of Home Guards, Assam, by which, applications were invited amongst others, for 05(five) posts of Assistant Deputy Controller of Civil Defence (Junior). It is stated that as per the advertisement, two posts were for the Unreserved (UR) Category, where 02(two) posts were for Other Backward Class (OBC) and 01(one) post for Schedule Tribe (Plain) [ST (P)]. The appellant, on being selected on merit, was appointed against one of the two vacant posts in the UR category.
(3.) The said appointment of the appellant was assailed by the respondent No.1 in WP(C) No.5252/2014 on the ground that while undertaking the selection process, due consideration was not given to the provisions of the Assam Women (Reservation of Vacancies in Service and Posts) Act, 2005 (in short Act of 2005), which requires that 30% of the posts be reserved for woman. According to the respondent No.1, by applying 30% reservation for woman as provided in the Act of 2005, at least one of the post ought to have been reserved for woman.;


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