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2025 DAILYLAW 12871 (GAU)

PINKU DEKA v. THE STATE OF ASSAM AND 6 ORS.

WP(C)/2829/2023 · 2025-06-10

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/9 GAHC010187012023 2025:GAU-AS:7635 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5031/2023 BARNALI NATH AND 2 ORS D/O- LATE KANAK NATH, R/O- VILL.- BARGAON, P.O. SINGRA, SUB- DIVISION- BOKO, DIST. KAMRUP, PIN- 781135, ASSAM 2: RIMJHIM BARUAH D/O- SRI SUBHA BARUAH R/O- VILL.- BONDAPARA P.S. BOKO SUB-DIVISION- KAMRUP DIST. KAMRUP PIN- 781135 ASSAM 3: KAPIL RAY S/O- SRI KANDARPA RAY R/O- VILL.- ALLIBARI KAHIBARI PART-I GOALPARA DIST. GOALPARA ASSAM PIN- 783130 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, SECONDARY EDUCATION DEPARTMENT, HAVING HIS OFFICE AT ASSAM SECRETARIAT, DISPUR, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781006. 2:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM Page No.# 2/9 ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781022. 3:THE SECRETARY TO THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III POSTS REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781022. 4:THE BOARD OF SECONDARY EDUCATION ASSAM REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT BAMUNIMAIDAN GUWAHATI-781021 ASSAM Advocate for the Petitioner : MR. H. BURAGOHAIN, MS A DEVI,MS. H BORAH Advocate for the Respondent : GA, ASSAM, SC, SLRC,MR. B CHOUDHURY,SC, SEC. EDU. Linked Case : WP(C)/2833/2023 PRANAB KALITA AND ANR SON OF SRI MANIK KALITA RESIDENT OF HOUSE NO. 33 SANTIUR ASHRAM ROAD P.O. P.S. BHARALUMUKH PIN- 781009. 2: DIPJYOTI SARMA SON OF LATE TAPAN SARMA RESIDENT OF VILLAGE NO. 1 BEZPARADARRANG ASSAM PIN- 784125. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT Page No.# 3/9 DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM HAVING HIS OFFICE AT KAHILIPARA MAIN ROAD KAHILIPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781019. 5:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 6:SECRETARY TO THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 7:THE BOARD OF SECONDARY EDUCATION ASSAM REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT BAMUNIMAIDAM GUWAHATI- 781021 ASSAM. ------------ Advocate for : MR. H BURAGOHAIN Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/2831/2023 IPSHITA DUTTA BORUAH AND 4 ORS DAUGHTER OF SRI MRIGEN CHANDRA DAS RESIDENT OF VILLAGE- HATIMURIA GAON CHEREKAPAR SIVASAGAR Page No.# 4/9 P.O. AND P.S.- CHEREKAPAR ASSAM PIN- 785701. 2: ANKITA BRITIAL DAUGHTER OF SRI DHIREN BRITIAL RESIDENT OF VILLAGE- DERKURIA GAON P.O.- PANICHAKUA P.S.- PILIBOR DIST.- JORHAT JORHAT PIN- 785006 ASSAM. 3: KANGKANA RAJKHOWA DAUGHTER OF SRI DILIP RAJKHOWA RESIDENT OF NEAR AGANWADI KENDRA PO- DIGHALDARI P.S. RAHA NAGAON DIST- NAGAON ASSAM PIN- 782103. 4: KANGANA TALUKDAR DAUGHTER OF SRI KAMALA KANTA TALUKDAR RESIDENT OF BANBHAG SOLMARI KHUKHUNDI KUKUNDI NALBARI- 781340 ASSAM. 5: HIRANYA KUMAR DAS SON OF SRI PRAFULLA DAS RESIDENT OF VILLAGE- NATUN SINGRI P.O.- NATUN SIRAJULI DIST- SONITPUR PIN- 784110 ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. Page No.# 5/9 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENTDISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM HAVING HIS OFFICE AT KAHILIPARA MAIN ROAD KAHILIPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781019. 5:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 6:SECRETARY TO THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 7:THE BOARD OF SECONDARY EDUCATION ASSAM REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT BAMUNIMAIDAM GUWAHATI- 781021 ASSAM. ------------ Advocate for : MR. H BURAGOHAIN Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 6 ORS Linked Case : WP(C)/2829/2023 PINKU DEKA SON OF LATE KUHI RAM DEKA RESIDENT OF VILLAGE- PARBAHUCHUBA P.O.- BHERGAON P.S.- DIMAKUCHI DISTRICT- UDALGURI PIN- 784522 ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. Page No.# 6/9 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT HAVING HIS OFFICE AT ASSAM SECRETARIAT DISPUR GUWAHATI DISTRICT- KAMRUP(METRO) ASSAM PIN- 781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM SECONDARY EDUCATION DEPARTMENT DISPUR GUWAHATI- 781006. 4:THE DIRECTOR OF SECONDARY EDUCATION ASSAM HAVING HIS OFFICE AT KAHILIPARA MAIN ROAD KAHILIPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781019. 5:THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 6:SECRETARY TO THE STATE LEVEL RECRUITMENT COMMISSION FOR CLASS III POST REPRESENTED BY THE CHAIRMAN HAVING ITS OFFICE AT ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI IN THE DISTRICT OF KAMRUP(METRO) ASSAM PIN- 781022. 7:THE BOARD OF SECONDARY EDUCATION ASSAM REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT BAMUNIMAIDAM GUWAHATI- 781021 ASSAM. ------------ Advocate for : MR. H. BURAGOHAIN Advocate for : SC EDU appearing for THE STATE OF ASSAM AND 6 ORS. BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 11.06.2025 Heard the learned counsels appearing for the parties. Page No.# 7/9 The petitioners in these 4(four) writ petitions being WP(c)5031/2023, WP(c)2829/2023, WP(c)2831/2023, and WP(c)2833/2023, had participated in the recruitment process initiated vide the advertisement, dated 25.03.2022, issued by the State Level Recruitment Commission(SLRC) for Grade III posts. The petitioners, herein, contend that on conclusion of the 1st phase of the recruitment process i.e. the written examination; they having qualified therein, they were permitted to appear in the next segment of the recruitment process which constituted Computer Test/Other Tests/Interview. The petitioners duly participated in the 2nd phase of the said recruitment process also. It is further projected by the petitioners that after conclusion of the recruitment process involved, the recruiting agency without publishing the merit list of the candidates selected for the various categories of posts involved, had issued communications individually to the petitioners, indicating, therein, that they were not found qualified in the said recruitment process. The petitioners, thereafter, took recourse to the provisions of the Right to Information Act, 2005, for receiving information with regard to the marks scored by them as well as the other relevant information requisite to understand as to why they were not held eligible for being appointed against the posts, in question. Having failed to get the requisite information, the petitioners, herein, have instituted the present proceedings. This Court, in the present proceedings, had required the learned Standing Counsel, State Level Recruitment Commission (SLRC), to produce before this Court, the marks scored by each of the petitioners, herein, along with the cut-off marks of various categories involved in the recruitment process. Page No.# 8/9 Today, Mr. B. Chowdhury, learned standing counsel, State Level Recruitment Commission(SLRC), has placed before this Court, the marks scored by the last selected candidates in the various categories available along with the marks scored by the petitioners in the recruitment process. The petitioners having participated in the said recruitment process, they are required to be informed of their own performance in the recruitment process along with the cut-off marks i.e. the marks scored by the last selected candidates in the respective category, involved. This is a minimum requirement, required to be complied with by the recruiting agency. In the case on hand, this Court, however, finds that the said minimum requirement, had not been complied with by the recruiting agency. Accordingly, the Secretary, State Level Recruitment Commission(SLRC), shall, within a period of 15(fifteen) days from today, intimate each of the petitioners, herein, about the marks scored by them individually in the said recruitment process. Further, the Secretary, State Level Recruitment Commission(SLRC), shall also furnish to each of the petitioners, herein, the marks scored by the last selected candidates appointed against posts figuring in various categories. The petitioners, herein, on receipt of such instructions, may, thereafter, prefer representation(s), raising grievance with regard to the marks scored by them in the recruitment process held in pursuance of the advertisement, dated 25.03.2022, before the State Level Recruitment Commission (SLRC) and in the event of filing of any such application, the Secretary, State Level Recruitment Page No.# 9/9 Commission(SLRC) shall give its due consideration in the matter in accordance with law and dispose of such representation(s) by way of a speaking order within a period of 3(three) months with effect from the date of receipt of the same. With the above directions and observations, all these writ petitions stands disposed of. The relevant records be returned to Mr. Choudhury, learned standing counsel, State Level Recruitment Commission (SLRC), forthwith. JUDGE Comparing Assistant