Page No.# 1/7 GAHC010004902014 2025:GAU-AS:6457 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7397/2013 ABANI PHUKAN and 5 ORS S/O DILESWAR PHUKAN RONGPANGBONG P.O. DIPHU P.S. DIPHU KARBIANGLANG. 2: MRS. SIBANI BORTHAKUR D/OLT. K. BORTHAKUR NURSERY GUWAHATI. 3: MRS. HIMADRI THAKURIA D/O SARBESWAR THAKURIA SANTIBAN PATH GUWAHATI-38. 4: SRI UPAMANYUE HAZARIKA S/O NARENDRA NATH HAZARIKA DHALPUR LAKHIMPUR ASSAM. 5: HOREN CH. SONOWAL S/O KESHAB CH. SONOWAL VILL- DHEKIJAN P.O. DHEKIAJAN DIGBOI DIST. TINSUKIA ASSAM. 6: RAJA KAMAN S/O SRI DEBARAN KAMAN CHACHAL ROAD SIX MILE GUWAHATI-781022. VERSUS THE STATE OF ASSAM AND 43 ORS REP.BY THE CHIEF SECRETARY DEPARTMENT OF FINANCE GOVT.OF ASSAM Page No.# 2/7 DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVT. OF ASSAM DISPUR GUWAHATI ASSAM. 3:THE ASSAM PUBLIC SERVICE COMMISSION REP. BY ITS CHAIRMAN KHANAPARA GUWHATI-22. 4:SRI RAKESH PAUL CHAIRMAN ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI-22. 5:DR. SAMEDUR RAHMAN MEMBER ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI-22. 6:DR. BASANTA KUMAR DOLEY MEMBER ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI-22. 7:SRI BRIG RETD RANJIT BORTHAKUR MEMBER ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI-22. 8:RASHMI REKHA DEVI ROLL NO. 02422 9:DAISY NATH ROLL NO. 00577 Page No.# 3/7 10:SRI HEMANTA DEKA ROLL NO. 00980 11:BIDYUT BIKAS PATHAK ROLL NO. 00396 12:MUSTAFA AL-AMIN ROLL NO. 03076 13:RAJKUMAR PATHAK ROLL NO. 02311 14:SRI GANESH KUMAR DEKA ROLL NO. 02900 15:MS. KUMARIKA BORGOHAIN ROLL NO. 01445 16:SIBU BANIK ROLL NO. 02761 17:SHRI SUBHANKAR DUTTA LAHKAR ROLL NO. 02821 18:SRI RAJIB KUMAR DEKA ROLL NO. 02343 19:MANDEEP DAS ROLL NO. 01557 20:TRILOKESH NARZARI ROLL NO. 02976 21:DHRUBAJYOTI SARMA ROLL NO. 00703 22:HARI MODI ROLL NO. 00964 23:NAYAN MONI BORA ROLL NO. 01889 24:DHRUBAJYOTI DAS ROLL NO. 00699 25:RUBUL BORUAH ROLL NO. 02525 Page No.# 4/7 26:SAROJ KUMAR ROLL NO. 02688 27:BANDANA DEVI ROLL NO. 00308 28:BANDANA DEVI ROLL NO. 00307 29:SHRI TARUN SAIKIA ROLL NO. 02960 30:SRI SANJIB BORAH ROLL NO. 02644 31:SRI SUNIL KUMAR DAS ROLL NO. 02878 32:GAUTAM B AISHYA ROLL NO. 00872 33:KAUSHIK MALLICK ROLL NO. 01370 34:SRI RAM CHANDRA DAS ROLL NO. 03079 35:MRIDUL KUMAR DAS ROLL NO. 01774 36:UTTAMBIR BASUMATARY ROLL NO. 03046 37:MISS SUSHILA AHOM ROLL NO. 02904 38:VEIJAKIM CHANGSAN ROLL NO. 03051 39:SUSHMITA NAHAR DEKA ROLL NO. 02906 40:DHURBA JYOTI CHUTIA ROLL NO. 00704 41:VASHYATI DEVI ROLL NO. 03049 Page No.# 5/7 42:NILANJAN GOGOI ROLL NO. 01936 43:ANJAN JYOTI BORA ROLL NO. 00169 44:HIRAMONI BARMAN ROLL NO. 01028 FOR RESPONDENTS 8 TO 44 AS THE ADDRESS OF THE SAID RESPONDENTS ARE NOT KNOW TO THE PETITIONERS THEREFORE NOTICES MAYBE BE SERVED THROUGH THE ASSAM PUBLIC SERVICE COMMISSION KHANAPARA GUWAHATI-22. ------------ Advocate for : MR.A SARMA Advocate for : MR. N ALAM appearing for THE STATE OF ASSAM AND 43 ORS BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 22.05.2025 Heard Mr. M.P. Sarma, learned counsel for the petitioners, Mr. T.J. Mahanta, learned Standing Counsel, APSC assisted by Ms. P. Sarma, learned counsel and also Mr. S.A. Bakhtiar, learned counsel appearing for the respondent No. 41. Considering the facts and issue involved, the matter is taken up for disposal. [2.] The case of the petitioners is that they participated in the selection process for 37 posts of Class – 1 Grade – III cadre of the Assam Finance Service, which was advertised to be filled up vide Advertisement dated 05.11.2011. According to the petitioners, they were successful in the written examination that was conducted but however they failed to secure the required marks in the interview Page No.# 6/7 and for which reason, they have not been selected for the said post. According to the petitioners, the respondent Nos. 4, 5 & 6, who are the authorities who were instrumental in the selection process have subsequently been convicted on a criminal case that was registered in connection with Cash for Job scam. Therefore, the petitioners contend that there were serious anomalies and irregularities in the selection process for the post in question. This apart, a number of vacancies had also occurred in which the petitioners can easily be accommodated. It may however be seen that the advertisement is of the year 2011 and the select list being challenged is that of 27.11.2013. [3.] This Court apart from issuing notice of motion had not granted any interim stay. Admittedly, much water has flown since the issuance of the impugned select list. Considering the long lapse of time, this Court is of the view that no effective relieve will be possible to be given to the petitioners at this stage. [4.] Mr. M.P. Sarma, learned counsel at this stage submits that the petitioners have by now become overaged for seeking Government employment and therefore, Court may direct the respondent authorities to condone the age of the petitioners in the event they apply for any Government job of similar nature so that they can participate in the selection process. [5.] Considering the submissions and upon perusal of the materials available on Page No.# 7/7 records, the writ petition is disposed of with an observation that in the event the petitioners apply for condonation of age to participate in the selection process for employment in the Government, the respondent authorities shall give due consideration of the same in accordance with law. [6.] With above observation, the writ petition stands disposed of. JUDGE Comparing Assistant