MUKUL CHANDRA KALITA AND 20 ORS v. THE STATE OF ASSAM AND 3 ORS
WP(C)/4352/2024 · 2026-06-01
Soumitra Saikia
Writ Petition (Civil)body2024
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[ 2024 DAILYLAW 2203 (GAU) · dailylaw.ai ]
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[ 2024 DAILYLAW 2203 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/9 GAHC010170002024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4352/2024 MUKUL CHANDRA KALITA AND 20 ORS S/O- MUKUNDA CHANDRA KALITA R/O- VILLAGE- KHALAIPARA P.O.- BAKAITARI P.S.- MATIA DISTRICT- GOALPARA, ASSAM, PIN- 783125. 2: DAYAL CHANDRA DAS AGED ABOUT 44 YEARS
S/O- CHUYA RAM DAS
R/O- VILLAGE BAGUAN PT IV
P.O.- CHASSA PANI
P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 3: TARANGA NATH AGED ABOUT 58 YEARS S/O- DINA RAM NATH R/O- VILLAGE- BAHATI P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. Page No.# 2/9 4: RANJIT SAUD . AGED ABOUT 45 YEARS S/O- LATE ATUL CHANDRA SAUD R/O- VILLAGE- PUB MATIA P.O.- MATIA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 5: KAMJAD ALI AHMED AGED ABOUT 54 YEARS S/O- SADAK HUSSAIN R/O- VILLAGE- GOURAPARATARI P.O.- SUTERPARA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 6: BILLALUDDIN AHMED AGED ABOUT 52 YEARS S/O HUSSAIN SHEIKH R/O- VILLAGE- NOBAGOTA SIMLITOLA CHAR PT- I P.O.- SIMLITOLA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 7: SOFIAL AZIG AGED ABOUT 52 YEARS S/O- ABDUL MONDAL R/O- VILLAGE- SUTER PARA N/C P.O.- SUTER PARA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 8: ANSARUL HOQUE AGED ABOUT 55 YEARS
Page No.# 3/9 S/O- RAMJAN ALI R/O- VILLAGE- BASANTA PUR N/C P.O.- DOLGOMA
P.S.- PANCHARATNA DISTRICT- GOALPARA ASSAM
PIN- 783125. 9: MOFIDUL ISLAM BORA AGED ABOUT 45 YEARS S/O- ABDUS SOBAHAM R/O- VILLAGE- ASHUDUBI P.O.- KRISHNAI P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM
PIN- 783126. 10: JOSIM ALI AGED ABOUT 60 YEARS S/O- NAYAB ALI SHEIKH R/O- VILLAGE- RANUA P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 11: NOUSAD ALI . AGED ABOUT 55 YEARS S/O- MOTIOUR RAHMAN R/O- VILLAGE- RAVA PARA P.O.- CHAKLA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 12: MIZANUR RAHMAN AGED ABOUT 52 YEARS S/O- SAHADAT ALI R/O- VILLAGE- KARIPARA
Page No.# 4/9 DAP PARA PT. II P.O.- CHAKLA P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 13: NAJMUL HOQUE AGED ABOUT 42 YEARS S/O- LATE MANNAF ALI R/O- VILLAGE- HELAPAKHRI P.O.- BALADMARI CHAR P.S.- MORNAI DISTRICT- GOALPARA ASSAM
PIN- 783101. 14: CHITTARANJAN KALITA AGED ABOUT 53 YEARS S/O- HAREN CHANDRA KALITA R/O-VILLAGE- GOSAIBARI P.O.- GOSAIBARI P.S.- MATIA DISTRICT- GOALPARA ASSAM 15: TARUN CH. DAS AGED ABOUT 61 YEARS S/O- SIBSARAN DAS R/O- VILLAGE- DABOTOR BAPUPARA PT- II P.O.- AGIA P.S.- AGIA DISTRICT- GOALPARA ASSAM PIN-783120.
16: ABUL KALAM AZAD AGED ABOUT 54 YEARS S/O- ABU TALAB MIA R/O- VILL.- BAHATI P.O.- BAHATI P.S.- MATIA DISTRICT- GOALPARA ASSAM
Page No.# 5/9 PIN- 783125. 17: MOTILAL KALITA AGED ABOUT 57 YEARS S/O- ANANTA KALITA R/O- VILLAGE- UPORTOLA P.O.- UPORTOLA P.S.- DUDHNOI DISTRICT- GOALPARA ASSAM
PIN- 783125. 18: HEMAN CHANDRA SALOI AGED ABOUT 55 YEARS S/O- KESHAB SALOI R/O- VILLAGE- KARUABARI P.O.- BAKALITARI P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125. 19: NAZRUL ISLAM AGED ABOUT 57 YEARS S/O- NUR RAHMAN R/O- VILL.- KHAMAR MANPUR P.O.- KRISHNAI P.S.- KRISHNAI DISTRICT- GOALPARA ASSAM PIN NO.- 783126. 20: JAKIR HUSSAIN AGED ABOUT 48 YEARS S/O- RAHOM ALI R/O- VILLAGE- RAKSOSINI PT- I P.O.- RAKSOSINI P.S.- MORNOI DISTRICT- GOALPARA ASSAM PIN NO- 783101. 21: MAHMUDUL HASAN AGED ABOUT 44 YEARS S/O- MIJANUR RAHMAN R/O- VILLAGE- FAFONGA PT-III
Page No.# 6/9 P.O.- P.S.- MATIA DISTRICT- GOALPARA ASSAM
PIN- 783125 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DEPARTMENT, JANATA BHAWAN (ASSAM SECRETARIAT COMPLEX), DISPUR, GUWAHATI- 781006. 2:THE DEPUTY COMMISSIONER GOALPARA
ASSAM. 3:THE ADDL. DEPUTY COMMISSIONER CUM SUB-DIVISIONAL OFFICER GOALPARA ASSAM 4:THE SUB-DIVISIONAL OFFICER P.O P.S AND DIST-GOALPARA ASSA Advocate for the Petitioner : D BARUAH, MR H DAS,MR. B C DEKA Advocate for the Respondent : SC, REVENUE, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.06.2026
Heard Mr. H Das, learned counsel for the petitioners. Also heard Mr. JK
Page No.# 7/9 Goswami, learned additional senior government advocate, Assam and Mr. J Handique, learned Standing Counsel, Revenue and Disaster Management Department. 2] The petitioners were selected for being appointed as Honorary Gaonburah pursuant to a recruitment process initiated by the State. The petitioners claim that they were selected candidates, however, their appointments letters were not issued. It is further submitted that the police verification, etc., had been completed.
Although, some of the other selected persons were appointed as Honorary Gaonburahs and their appointments were then terminated, but again subsequently restored by the Government pursuant to orders passed by the Court. The petitioners claim that they were similarly situated to those persons, and they had also participated in the subsequent advertisement dated 20-04-
2023. It is the apprehension expressed by the petitioners that in spite of they having been selected in the earlier process for recruitment, in the subsequent advertisement, their cases may not be considered, as there are several younger persons who are participating in the present selection process. The petitioners, therefore, have ventilated their grievances before the authorities by filing a representation dated 21-10-2022 before the Secretary, Department of Revenue, requesting for consideration of their cases by giving them preference, considering the fact that they had earlier participated in the recruitment
Page No.# 8/9 process, which stood abundant, subsequent recruitment process has now been initiated. This representation has also been forwarded to the Deputy Commissioner, Goalpara. However, no such order has been passed by the authorities concerned, considering the prayers made by the petitioners. 3] By filing this writ petition although the writ petitioners have prayed for orders for setting aside and quashing the advertisement dated 20-04-2023, at this stage, they do not wish to press the same prayer as they have already participated in the advertisement. Their grievance before the Court is that the authorities should consider their grievances ventilated through the representation dated 21-10-2022 and their preference be taken into account while passing appropriate orders for recruitment as Honorary Gaonburahs. 4] Learned Standing Counsel, Revenue Department submits that the results have not yet been declared and the representation has already been placed before the Government and the Government will pass appropriate orders, if considered reasonable in respect of the writ petitioners. 5] Mr.
JK Goswami, learned Additional Senior Government Advocate, Assam submits that the writ petition may be closed with the direction to the respondent Authorities to examine the claims of the petitioners ventilated by way of the representation dated 21.10.2022, and the same can be carried out
Page No.# 9/9 within a time frame fixed by the Court. 6] Considering the above, the writ petition stands disposed of directing the Secretary, Department of Revenue, to examine the claims of the petitioners and pass appropriate orders before the results are declared in respect of the advertisement dated 20.04.2023 and if the petitioners are found to be entitled to any weightage or preferences, as may be decided by the Department as a matter of policy, the same can be granted to the writ petitioners. Let this exercise be carried out within 30 (thirty) days from the date of receipt of a certified copy of this order. 7] In terms of the above, the writ petition stands disposed of. JUDGE Comparing Assistant