Page No.# 1/6 GAHC010225282024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5744/2024 JAYANTA DEKA AND 5 ORS S/O- SRI HEMEN DEKA, VILL- BAGHARALI, P.O.- DHARAMTUL, P.S.- DHARAMTUL, DIST.- MORIGAON, ASSAM. 2: NIKUMANI DEVI D/O- PRABHAT CH. NATH VILL- BARPHUKAN KHAT P.O.- BETNA P.S.- GORESWAR DIST.- BAKSA PIN- 781336. 3: ISHANEE BORKOTOKY D/O- PULIN CH. BORKOTOKY @ PULIN BORKOTOKY VILL- MOHMAIKI P.O. AND P.S.-BOKAKHAT DISTRICT- GOLAGHAT ASSAM PIN- 785612. 4: KHAGEN CH. NATH S/O- LT. GHANAKANTA NATH VILL. AND P.O.- BAMUNBORI Page No.# 2/6 P.S.- MIKIRBHETA DIST.- MORIGAON. 5: BHRIGU KUMAR MEDHI S/O- SRI GAJIN CH. MEDHI VILL.- RAHA 2 NO. WARD P.O. AND P.S.- RAHA DISTRICT- NAGAON ASSAM 782103. 6: DHAN DADHARA S/O- JITEN DADHARA VILL. LATABOWA (MAZOR BHUI) P.O.- BARANGATALI P.S.- RUPAHIHAT DISTRICT- NAGAON PIN- 782141 VERSUS THE STATE OF ASSAM AND 17 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI-06. 2:THE SECRETARY STATE LEVEL RECRUITMENT COMMISSION FOR CLASS-III AND IV POSTS ASSAM ADMINISTRATIVE STAFF COLLEGE JAWAHAR NAGAR KHANAPARA GUWAHATI- 22. 3:THE SECRETARY PERSONNEL (B) DEPARTMENT Page No.# 3/6 DISPUR GUWAHATI-6. 4:THE SECRETARY IMPLEMENTATION OF ASSAM ACCORD DEPARTMENT DISPUR GUWAHATI-06. 5:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI- 06. 6:THE DIRECTOR OF AGRICULTURE OF ASSAM KHANAPARA GUWAHATI- 22. 7:THE COMMISSIONER LABOUR COMMISSION ASSAM SHRAM BHAWAN B.K. KAKATI ROAD ULUBARI GUWAHATI 781007. 8:THE DISTRICT AGRICULTURE OFFICER BAKSA MUSHALPUR ASSAM. 9:THE DISTRICT AGRICULTURE OFFICER MORIGAON ASSAM. 10:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM LABOUR AND WELFARE DEPARTMENT DISPUR GUWAHATI-06. 11:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM COOPERATION DEPARTMENT DISPUR GUWAHATI-06. 12:THE REGISTRAR COOPERATIVE SOCIETIES ASSAM Page No.# 4/6 KHANAPARA GUWAHATI- 22. 13:THE COMMISSIONER AND SECRETARY FISHERY DEPARTMENT DISPUR GUWAHATI- 06. 14:THE ADDITIONAL SECRETARY TO THE GOVT. OF ASSAM GENERAL ADMN. (SECTT NAZARAT) DEPARTMENT DISPUR GUWAHATI-06. 15:THE DISTRICT COMMISSIONER MORIGAON ASSAM. 16:THE DISTRICT COMMISSIONER GOLAGHAT ASSAM. 17:THE DISTRICT COMMISSIONER NAGAON ASSAM. 18:THE DISTRICT COMMISSIONER BAKSA ASSAM Advocate for the Petitioner : MD B ISLAM, MS. J AHMED,MR. S UDDIN,MR. S S AHMED Advocate for the Respondent : GA, ASSAM, SC, CO OP,SC, AGRI. DEPARTMENT BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 03.2025 Heard Mr. B. Islam, learned counsel for the petitioners. Also heard Mr. TC Chutia, learned Additional Senior Government Advocate, Assam and Mr. AJ Sharma, learned counsel appearing on behalf of Mr. V. Rajkhowa learned Page No.# 5/6 Standing Counsel, Cooperation Department and Mr. B. Choudhury, learned Standing Counsel, Agriculture Department. 2. This writ petition is filed by the petitioners expressing apprehension that in terms of the Assam Public Service (Preferential Appointment) Rules, 1999, the benefit which the petitioners were entitled to for getting preferential treatment for being the decedents of the victims who suffered injuries or were killed during the Assam Agitation Movement, has not been conferred on the petitioners. The petitioners had applied in response to the advertisement dated 25.03.2022, 30.10.2023 and 27.10.2023. It is submitted that in all these advertisements the benefit of relaxation prescribed under the Rules, 1999 was required to be conferred. Learned counsel for the petitioners submits that the petitioners apprehend that their cases may not be given consideration under the said Rules and accordingly, the present writ petition has been filed. 3. Mr. B. Islam, learned counsel for the petitioners, however, fairly submits that during the pendency of the writ petition and pursuant to the selection process undertaken in terms of the advertisement dated 25.03.2022, 30.10.2023 and 27.10.2023, the select lists have been published and the names of the petitioners are not reflected in the said select list. Therefore, he submits that he would like to challenge the said select list as well and he craves leave of this Court to initiate appropriate proceedings, challenging the said select list before this Court 4. This submission is not disputed by the learned counsel for the respondents. 5. Accordingly, in view of the submissions made by the learned counsel for the petitioners that the select list has already been published and the petitioners Page No.# 6/6 were not found to be selected in the said selection process, the petitioners are permitted to take necessary steps to question the selection process, if they are so advised 6. Since the select list as stated to have already been published, no further cause survives to pursue the present writ petition and the writ petition there stands dismissed in view of the observation made above. However, liberty is granted to approach the Court again. 7. Interim order, if any, stands vacated. JUDGE Comparing Assistant