Page No.# 1/4 GAHC010227092024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3331/2024 1: MD JAHIRUL HOQUE and 2 ORS S/O LATE AZIZUL HOQUE RESIDENT OF HATIGAON, BHETAPARA ROAD, PO HATIGAON, DIST KAMRUP M ASSAM 2: MD. JIAUR RAHMAN S/O MD. AZIZUR RAHMAN R/O AGYATHURI SANTIPUR P.O. DADARA P.S. HAJO DIST. KAMRUP ASSAM. 3: MR. ARIFUL ISLAM S/O NURUL ISLAM R/O AMINPATTY THOGISUT PATH P.O. and P.S. NAGAON DIST. NAGAON ASSAM VERSUS 1: THE STATE OF ASSAM and 5 ORS REP. BY COMMISSIONER AND SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER and SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006. 3:THE PRINCIPAL SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006. 4:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006. 5:THE JOINT DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006. 6:THE MEMBER SECRETARY BEING REP. BY ITS MEMBER SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS B DEPARTMENT DISPUR GUWAHATI- 781006 DIST. KAMRUP METRO ASSAM Page No.# 2/4 Linked Case : In W.A. No.276035/2016 (Filing Number) MD JAHIRUL HOQUE and 2 ORS VERSUS THE STATE OF ASSAM and 5 ORS For the Applicant/Appellant(s) : Mr. S. Alim, Advocate. For the Respondent(s) : Ms. S. Sarma, Junior Government Advocate, Assam for respondent Nos.1 to 6. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KARDAK ETE 19-05-2025 (Vijay Bishnoi, CJ) The matter comes upon for consideration of the present interlocutory application with a prayer to condone the delay of 230 days in filing the connected appeal. Though this Court issued notices to the respondents, who had appeared on 25.11.2024, however, after going through the facts of the case, we are of the view that there is no merit in the connected writ appeal, which is yet to be registered, for the reason that the applicants herein had preferred a writ petition, being WP(C) No.5823/2014 along with 5(five) other persons, for issuing a direction to the respondents to select and appoint them in connection with a recruitment notification issued in the year 1996 for the post of Sub- Inspector in the Food, Civil Supplies & Consumer Affairs Department, Government of Assam. The learned Single Judge, while disposing of the aforesaid writ petition vide order dated 10.09.2015, declined to grant any relief to the applicants while Page No.# 3/4 taking into consideration the chequered history of the litigation in respect of the said recruitment, wherein several orders were passed by this Court in several writ petitions. Ultimately, the learned Single Judge held that the applicants were not successful in the written test and thereafter they had alleged anomalies in the examination of their question answer booklets and this Court in the last round of litigation had remanded back their cases to be considered afresh by a Committee of high officials as constituted by the Court to scrutinize the answer scripts of all the applicants and thereafter to pass speaking orders. Accordingly, a Committee was constituted to scrutinize the answer scripts of the applicants and thereafter it was found that the applicants were not entitled for selection pursuant to the recruitment notification. The learned Single Judge further observed that it is clear that the original marks obtained by the candidates were erased and new marks were inserted with a mala fide intention to give undue advantage to the candidates. The learned Single Judge had ultimately recorded a finding that when the marks awarded to the applicants were manipulated and tampered, there is no question of calling the applicants for viva-voce test. The learned Single Judge had also observed that the first advertisement was issued way back in the year 1996, i.e. more than 19(nineteen) years before passing of the impugned order and, therefore, when the applicants were not successful in the written test and their cases had been examined by this Court at length in 2(two) previous round of litigations, wherein the High Power Committee constituted had given a finding that the question answer booklets of the applicants were vitiated on account of tampering manipulation, this is the high time to brought the litigation to an end. It is also to be noticed that after passing of the impugned order dated 10.09.2015 by the learned Single Judge in WP(C) No.5823/2014 and other Page No.# 4/4 analogous writ petitions, almost 10(ten) years have passed and there was no attempt on the part of the applicants to get this interlocutory application listed till November, 2024. Taking into consideration the overall facts and circumstances of the case, we are of the view that no useful purpose would be served in keeping this interlocutory application as well as the connected writ appeal pending. Hence, the interlocutory application and the connected writ appeal, which is yet to be numbered, are dismissed, particularly, looking to the facts of the case. JUDGE CHIEF JUSTICE Comparing Assistant