Page No.# 1/5 GAHC010132902021 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4344/2021 MANASH PRATIM BHAGABATI AND 2 ORS S/O- LT. RANJIT BHAGABATI, R/O- VILL- GANDHIYA, P.O. GANDHIYA, DIST.- NALBARI, ASSAM, PIN- 781304 2: PIKU KUMAR SARMA S/O- PRANAB SARMA R/O- CHANDMARI COLONY ASSAM TRIBUNE SILPUKHURI DIST.- KAMRUP (M) ASSAM PIN- 781003 3: LEENA BHAGABATI S/O- LT. RANJIT BHAGABATI R/O- VILL- GANDHIYA P.O. GANDHIYA DIST.- NALBARI ASSAM PIN- 78130 VERSUS THE UNION OF INDIA AND 6 ORS REP. BY THE SECY., MINISTRY OF HOME AFFAIRS, NORTH EAST DIVISION, NORTH BLOCK, NEW DELHI- 110001 2:THE JOINT SECRETARY TO GOVT. OF INDIA MINISTRY OF HOME AFFAIRS NORTH EAST DIVISION NORTH BLOCK NEW DELHI- 110001 3:THE STATE OF ASSAM REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM Page No.# 2/5 DISPUR GHY-6 4:THE PRINCIPAL SECRETARY TO THE CHIEF MINISTER OF ASSAM JANATABHAWAN DISPUR GHY-6 5:THE COMM. AND SECY. TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. DISPUR GHY-6 6:THE JOINT SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPTT. GHY-6 7:THE SPECIAL DIRECTOR GENERAL OF POLICE (BORDER) ASSAM SRIMANTAPUR BHANGAGARH GH Advocate for the Petitioner : MRS P RAI, MR. U SARMA,MS. P K DEVI,MR H BEZBARUA Advocate for the Respondent : ASSTT.S.G.I., MR. R K D CHOUDHURY(DY. SGI),GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 09-06-2026 Heard Mr. D. Gogoi, learned counsel for the writ petitioners. Also heard Mr. R.K.D. Choudhury, learned Sr. counsel/ DSGI assisted by Ms. L. Devi, learned counsel for the respondent Nos. 1 & 2 and Ms. U. Sarma, learned Govt. Advocate, Assam appearing for the respondent Nos. 3 to 7. 2. The petitioners in the present writ petition have sought for a direction upon the respondent authority for appointing the petitioners in terms of their placement in the Page No.# 3/5 select list as published, pursuant to the selection held in terms of the advertisement dated 13-06-2019. 3. The Chairman, State Level Police Recruitment Board, Assam had issued an advertisement dated 13-06-2019 inviting applications for engagement on contractual basis, for 02 (two) years, in Foreigners Tribunals under the Government of Assam, various posts were so advertised. The petitioners, being eligible had submitted their respective applications for the posts advertised, vide advertisement dated 13-06-2019 and it is projected that on conclusion of the selection process, the petitioners were selected against the posts for which they had submitted their respective applications. The select list is projected to have been published on 19-09-2019. The appointments not having effected in respect of the petitioners, herein, they had approached the respondent authorities by way of filing representations. A response not being received from the respondent authorities, the petitioners have instituted the present writ petition, praying for a direction upon the respondent authorities for implementing the select list prepared in the matter. 4. Mr. D. Gogoi, learned counsel for the petitioners by reiterating the facts noticed, hereinabove, submits that the new Foreigners Tribunals as contemplated, not being created, the select list as prepared in the matter, in all probability was not given effect to. 5. Mr. R.K.D. Choudhury, learned Sr. counsel/ DSGI appearing for the respondents submits that the new Tribunals for which, the process for recruitment was initiated vide advertisement dated 13-06-2019, not having seen the light of the day, i.e. they not having been created, there was no occasion for implementing the select list so prepared Page No.# 4/5 in the matter. He submits that the advertisement itself had stipulated that the select list would remain valid for appointment, from the date of announcement of the result, for a period of 01 (one) year or till the date of next advertisement of the similar posts, whichever is earlier. He submits that the select list having been published on 19-09-2019, in terms of the stipulation, made in the advertisement itself, the validity of the select list lapsed w.e.f. 18-09-2020. The petitioners are found to have approached this Court after validity of the select list had lapsed in the matter. 6. I have heard the learned counsel for the parties and have also perused the materials available on record. 7. It is stated at the Bar that the recruitment, in question, was for establishments of 200 (two hundred) new Foreigners Tribunals in the State, in view of the NRC updating process underway at the relevant point of time. Accordingly, for ensuring smooth running of the Tribunals, that were being contemplated to be created, the advertisement dated 13-06-2019 for recruitment against the ministerial posts that would now be required for operationalization of the Foreigners Tribunals on their creation, came to be made. However, it is seen that the 200 (two hundred) Tribunals as contemplated were not created, in view of the fact that the NRC updating process had not reached its logical conclusion. Accordingly, the respondent authorities had not proceeded to implement the select list prepared in the matter in pursuance to the advertisement dated 13-06-2019. Further, this Court notices that the said select list having been published on 19-09-2019, in terms of the stipulations made in the advertisement, the said select list had lost its validity after lapse of one year from its date of publication. Accordingly, the Tribunals not Page No.# 5/5 having been set up, there was no occasion for the respondent authorities to effect appointment from the select list. This Court in the attending facts and circumstances as involved in the present proceeding holds that on account of non-implementation of the select list in question no right of the petitioners in the matter came to be infringed. 8. It is settled position of law that mere placement in the select list would not also mandate that such persons should also be appointed and the implementation of the select list would involve various factors which is required to be considered by the employer. The petitioners in the present writ petition having not urged any malafide against the employer and also not having alleged that the said select list was being implemented without considering the merit position of the candidates placed therein, this Court is of the considered view that the claim made by the petitioners in the present writ petition, would not mandate an acceptance. 9. Accordingly, the present writ petition is held to be devoid of any merit and the same consequently stands dismissed. However, there would be no order as to cost. JUDGE Comparing Assistant