Page No.# 1/9 GAHC010033572025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/1474/2025 SANJIB KUMAR DAS S/O -LATE DINESH KUMAR DAS RESIDENT OF GALIAHATI G.C. LANE BARPETA HOUSE NO. 290-A WARD NO. 9 P.O. AND DISTRICT- BARPETA ASSAM PIN- 781301 2: KALPANA DAS W/O - KANKAN BHATTACHARYYA RESIDENT OF L.K. ROAD NORTH HAIBORGAON P.O.- HAIBARGAON DISTRICT- NAGAON PIN- 782002. 3: SANJIB KUMAR MONDAL S/O- LATE GAURANGA CH MONDAL RESIDENT OF REDCROSS ROAD P.O AND DISTRICT SIVASAGAR ASSAM PIN-785640. 4: SANJIB RAJKONWAR S/O -RUDRA RAJKONWAR RESIDENT OF VILLAGE-RONGABAM P.O- RONGABAM DIST- CHIRAIDEO ASSAM Page No.# 2/9 PIN 785691. 5: RATUL BHARALI S/O -LATE MAKHRAM BHARALI RESIDENT OF VILLAGE-CHARING BARUATI P.O- BARUATI DISTRICT SIVASAGAR ASSAM PIN-785661. 6: PARTHA SAROTHI BORA S/O -NOBIN CH BORA RESIDENT OF JAKHALAPARA NEAR RUPNAGAR P.O- CINNAMARA DISTRICT JORHAT ASSAM PIN-785008. 7: DHIRAJ DAS AGED ABOUT 36 YEARS S/O -SRI UDAY DAS RESIDENT OF PALLA ROAD WARD NO. 11 P.O AND DISTRICT.-NALBARI ASSAM PIN-781335. 8: RAJIB GOSWAMI S/O-LATE RAJENDRA NATH GOSWAMI RESIDENT OF VILLAGE AND P.O- RAULY DISTRICT BARPETA ASSAM PIN- 781311. 9: NITUL DEKA S/O -LATE NIRAN CHANDRA DEKA RESIDENT OF VILLAGE-KHETRI (COLLEGE ROAD) P.O- KHETRI DISTRICT KAMRUP (M) PIN- 782403. 10: BHABANI PRASAD GOGOI Page No.# 3/9 S/O- SRI HOREN GOGOI RESIDENT OF BHABAKANTA CHETIA PATH WARD NO. 1 NO.4 MAKUMPATHER DISTRICT TINSUKIA PIN- 786187. 11: DIPANKAR BORAH S/O -LATE MINESWAR BORAH RESIDENT OF VILL- GREEN ROAD CHANDMARI P.O.- GOLAGHAT DISTRICT- GOLAGHAT ASSAM PIN- 785621 12: SABITA DAS W/O- DIPUL BEZBARUAH RESIDENT OF VILLAGE PAICHARA P.O- GHOGRAPAR DISTRICT- NALBARI ASSAM PIN- 781369. 13: JUGAJYOTI DAS S/O- HIRENDRA CH. DAS RESIDENT OF VILLAGE AND P.O- BHULUKADOBA DISTRICT- BARPETA ASSAM. PIN- 781317 14: OMAR FARUK S/O- TABIBAR RAHMAN RESIDENT OF WARD NO. 2 MANGALDAI TOWN DISTRICT-DARRANG ASSAM PIN-784125 15: DHIRAJ MALAKAR S/O- CHITRA RAM MALAKAR RESIDENT OF VILLAGE-BALIKARIA P.O- KAZIPARA DISTRICT- NALBARI PIN- 781341. Page No.# 4/9 16: BHASKARJYOTI GOGOI S/O- LOKARANJAN GOGOI RESIDENT OF VILLAGE JAIPUR TEA ESTATE P.O AND P.S- JAIPUR DISTRICT DIBRUGARH PIN- 785614. 17: NIRUPOM SAIKIA S/O -LATE CHAKRESWAR SAIKIA RESIDENT OF VILLAGE BORDIHINGIA GAON P.O AND P.S- KAMARGAON -DISTRICT-GOLAGHAT ASSAM PIN-785619 18: DIPAMANI MEDHI W/O- KAPEN TALUKDAR RESIDENT OF PATHSALATOWN P.O- MUGURIA DISTRICT BAJALI ASSAM PIN- 781325. 19: MONTAKIM ZAMAN SK S/O -LATE NURAZZAMAN SK RESIDENT OF VILLAGE- COLLEGE NAGAR GOALPARA P.O.ANDDIST- GOALPARA ASSAM PIN- 783101. 20: ALAK CHANDRA RAY S/O -LATE PARAMANANDA RAY RESIDENT OF VILLAGEAND P.O. DEOHATI DIST- BONGAIGAON ASSAM PIN- 783384. 21: SURAJIT BARMAN S/O - LATE SIDDHESWAR BARMAN RESIDENT OF VILLAGE- LACHIMA Page No.# 5/9 P.O- SARTHEBARI DISTRICT- BARPETA ASSAM PIN- 781307. 22: ASANTA BARMAN S/O SRI KAMALESWAR BARMAN RESIDENT OF SWAHID DILIP CHAKRABORTY PATH BYE LANE-2 P.O.- DISPUR DIST- KAMRUP (M) ASSAM PIN-781005 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (ESTT- B) DEPARTMENT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (ESTT- B) DEPARTMENT DISPUR GUWAHATI-06. 4:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE (ESTT. B) DEPARTMENT DISPUR GUWAHATI-06. 5:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY THE CHAIRMAN JAWAHARNAGAR KHANAPARAGUWAHATI-781022 DISTRICT- KAMRUP (METRO) ASSAM. Page No.# 6/9 6:THE CHAIRMAN PRINCIPAL CONTROLLER OF EXAMINATIONS ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-781022 DISTRICT- KAMRUP (METRO) ASSAM. 7:THE UNDER SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR KHANAPARA GUWAHATI-781022 DISTRICT- KAMRUP (METRO) ASSAM. 8:THE DIRECTOR OF AUDIT (LOCAL FUND) ASSAM DISPUR GUWAHATI-06. ------------ Advocate for : MS S PATOWARY Advocate for : SC APSC appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 09.06.2025 [M. Choudhury, J] Heard Mr. I. Choudhury, learned Senior Counsel assisted by Mr. R. Singha, learned counsel for the applicants-writ petitioners; Ms. R.M. Baruah, learned counsel representing Mr. P. Nayak, learned Standing Counsel, Finance Department for the opposite party-respondent nos. 1, 2, 3 & 7; and Mr. T.J. Mahanta, learned Senior Counsel & Standing Counsel, APSC assisted by Ms. P. Sharma, learned counsel for the opposite party-respondent nos. 4, 5 & 6. Page No.# 7/9 2. The applicants-writ petitioners in the connected writ petition, W.P.[C] no. 926/2025 have challenged the vires of Rule 20[3] of the Assam Local Fund Audit Service Rules, 1995, as amended. The applicants-petitioners have also instituted the writ petition, W.P.[C] no. 4999/2024 to challenge an Advertisement dated 16.09.2024 whereby it was notified that the respondent, Assam Public Service Commission would hold a Departmental [Promotion] Examination among the Assistant Audit Officers who have completed three years’ of service as on 01.01.2023, for filling up of 53 nos. of posts including backlog vacancies etc. in the cadre of Audit Officers [Local Fund] in accordance with the Assam Local Fund Audit Service Rules, 1995, as amended. 3. Pursuant to the Advertisement dated 16.09.2024, the APSC has published a Notification on 11.04.2025 whereby it has been notified that the Departmental [Promotion] Examination for the post of Audit Officer [Local Fund], Assam under the Finance Department pursuant to the Advertisement dated 16.09.2024, would be held from 17.06.2025 to 21.06.2025 at the office of the APSC. 4. The instant interlocutory application has been preferred seeking stay of the Departmental [Promotion] Examination to the cadre of Audit Officer [Local Fund] under the Finance Department published by the Notification dated 11.04.2025 scheduled to be held from 17.06.2025 to 21.06.2025. 5. Mr. Choudhury, learned Senior Counsel appearing for the applicants- appellants has submitted that since Rule 20[3] of the Assam Local Fund Audit Service Rules, 1995, as amended, is under challenge, further process in respect of the Departmental [Promotion] Examination, as notified by the Notification dated 11.04.2025, be suspended as from the provisions of Assam Local Fund Audit Service Rules, 1995, as amended, it is apparent that once an Assistant Page No.# 8/9 Audit Officer appears in a Departmental [Promotion] Examination and passes the same in terms of Rule 17[3], there is no necessity for such an Assistant Audit Officer to appear once again in any subsequent Departmental [Promotion] Examination. Therefore, the Notification dated 11.04.2025 is clearly prejudicial to the applicants-petitioners as they have already passed the Departmental [Promotion] Examination previously held in terms of a Notification dated 03.05.2018. 6. Mr. Mahanta, learned Senior Counsel & Standing Counsel, APSC has referred to an Order dated 27.09.2024 passed already in the connected writ petition, W.P.[C] no. 4999/2024 wherein the present applicants-petitioners have laid challenge to the Advertisement dated 16.09.2024. By the Order dated 27.09.2024, the Court after having regard to the facts and circumstances of the case had passed an interim order allowing the respondents to go ahead with the process of Departmental [Promotion] Examination in terms of the Advertisement dated 16.09.2024, if so advised, with the further observation that the respondent shall not publish the results of the selection process, without obtaining the leave of this Court. He has further submitted that the situation has undergone no change in the meantime, save and except the challenge made to the vires of Rule 20[3] of the Assam Local Fund Audit Service Rules, 1995, as amended, by the connected writ petition, W.P.[C] no. 926/2025. 7. Having regard to the submissions made on behalf of the learned counsel for the parties, and the sequence of events, more particularly, the Order dated 27.09.2024, this Court is of the considered view that the Departmental [Promotion] Examination scheduled to be held from 17.06.2025 to 21.06.2025, as per the Notification dated 11.04.2025, does not call for any interference, at Page No.# 9/9 this stage, as by the interim Order dated 27.09.2024, the Court had already allowed the respondents to go ahead with the process of Departmental [Promotion] Examination in terms of the Advertisement dated 16.09.2024. 8. The question as to whether the applicants-petitioners need not appear in the Departmental [Promotion] Examination once they had passed an earlier Departmental [Promotion] Examination would be a matter of adjudication at the hearing of the writ petitions, W.P.[C] no. 4999/2024 & W.P.[C] no. 926/2025. There appears to be no bar in the Advertisement dated 16.09.2024 for the applicants-petitioners to appear in the Departmental [Promotion] Examination scheduled from 17.06.2025 to 21.06.2025. 9. Therefore, taking into consideration all the attending facts and circumstances and balancing the interests of the parties, it is observed that the results of the Departmental [Promotion] Examination shall not be published without the leave of the Court. 10. With the above observations and directions, the instant interlocutory application is disposed of. JUDGE JUDGE Comparing Assistant