Page No.# 1/5 GAHC010265832024 2025:GAU-AS:15985 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6679/2024 with WP(C) 5465/2024 NAJMAWARA BEGUM W/O- MOTIUR RAHMAN, R/O- VILLAGE-CHAMATA, P.O- PASCHIM CHAMATA, P.S- BELSOR, DIST- NALBARI, ASSAM, PIN-781306 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPARTMENT (WOMEN AND CHILD DEVELOPMENT) DISPUR GHY-06. 3:THE SECRETARY TO THE GOVT. OF ASSAM IMPLEMENTATION OF ASSAM ACCORD DEPARTMENT DISPUR GHY-06. 4:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT Page No.# 2/5 ASSAM UZANBAZAR GUWAHATI-01. 5:THE DISTRICT COMMISSIONER NALBARI ASSAM PIN-78133 Advocate for the Petitioner : MR W R MEDHI, MR P TALUKDAR Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 24-11-2025 1. Heard Mr. W.R.Medhi, learned counsel for the petitioners and Mr. C. K. S. Baruah, learned counsel as well as Ms. U. Sarma, learned Junior Government Advocate, Assam for the respondents. 2. The petitioners claim that they belong to a family, a member of which had been rendered physically disabled on account of participation in the Assam Movement on the issue of foreigners. 3. Mr. Medhi, learned counsel for the petitioners submits that the petitioners also hold necessary certificates issued by the District Commissioner of the concerned districts and that they come within the definition of “Affected Candidate” in terms of Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999. 4. Mr. Medhi, learned counsel for the petitioners further submits that though the petitioners made applications before the Secretary as well as the Principal Secretary to Page No.# 3/5 the Government of Assam, Social Welfare Department, claiming appointment to Government service on preferential basis, however, nothing has been done. Accordingly, the present writ petitions are filed. 5. Prayer made in these two petitions is for a direction to the respondents to appoint the petitioners in any Grade-III or Grade-IV posts of the Assam Government as per the aforesaid Rules, 1999. 6. Ms. Sarma, learned Junior Government Advocate, Assam, on the other hand, contends that having regard to the prayer, the writ petitions are mis-conceived, inasmuch as, the prayer so made has no nexus to the scheme propounded in the aforesaid Rules 1999. 7. Referring to Rule 3 and Rule 4 of the said Rules, Ms. Sarma contends that what the Rules actually provide is that when any recruitment process is initiated for filling up posts under the Government of Assam, an ‘Affected Candidate’, who is otherwise eligible under the normal Rules and all things remaining the same, be given preference in securing appointment. 8. It is also contended that in the Explanation appended to Rule 4, the expression “who is otherwise eligible under the normal Rules” is defined to mean ‘Affected Candidate’ whose name is included within the range of three times of the number of vacancies in the result sheet of the candidates arranged in order of merit. 9. Referring to sub-Rule (2) of Rule 4, it is further contended that in the event an ‘Affected Candidate’ makes application for any post claiming preferential treatment, it would be mandatory to enclose therewith a certificate from the District Commissioner concerned in support of the fact that he is an ‘Affected Candidate’ within the meaning of Rule 2(a) of the Rules of 1999. 10. For a better appreciation, the relevant provisions of Rule 3 and 4 of the Rules of 1999, as applicable in the present cases, specifying the parameters relating to making of Page No.# 4/5 application and for securing preference, the same are reproduced hereunder: “3. Application- These rules shall apply to all the services and posts under the Government of Assam, recruitment to which are made through the Assam Public Service Commission or otherwise than through the Assam Public Service Commission. 4. Preference for appointment- (1) Subject to the provisions of these rule wherever any recruitment to services and posts referred to in Rule 3 is made, one affected candidate who is otherwise eligible under the normal rules shall, ceteris paribus be given preference in making appointments; Provided that such preference shall be subject to reservation in favour of candidates who are members of the Scheduled Castes, Scheduled Tribes (Plains & Hills), Other Backward Classes (including More Other Backward Classes), Ex-Servicemen and physically handicapped persons: Provided further that appointment of any affected candidate who is also a candidate of the category mentioned in the preceding proviso shall be set of against the percentage reserved for the members of that particular category. Explanation- For the purpose of this Rule the expression ‘who is otherwise eligible under the normal Rules” shall mean an affected candidate whose name is included within the range of 3 (three) times of the number of vacancies in the result sheet of the candidates arranged in order of merit. (2) If any affected candidate applies for any post claiming preference, he shall enclose a certificate from the Deputy Commissioner concerned to the effect that he is an affected person being a member of the family of a martyr or the family of a physically disabled person.” 11. On perusal of the provision of Rules 1999 vis-à-vis the common prayer made in the writ petitions, the submissions made by Ms. Sarma, learned Junior Government Advocate, Assam appears to be in the correct direction. If the petitioners are keen to secure employment under the Government of Assam, they will have to strictly abide by the manner and procedure provided under the Rule 3 and 4 of the aforesaid Rules. It would not be open to the petitioners to ask for a blanket direction to the respondents for providing employment in the government service Page No.# 5/5 under the Rules of 1999. What would be required for making a valid claim for preferential appointment is that they must (i) possess a certificate issued by the Deputy Commissioner concerned showing that they are persons falling within the definition of ‘Affected Candidate’ under Rule 2(a) and (ii) while making application for recruitment to any service or post under the Government of Assam must enclose therewith the certificate issued by the concerned District Commissioner. Further, they must otherwise be eligible under the normal Rules and their candidature, as per the Explanation appended to Rule 4, would only stand if their names are included within the range of three times the number of vacancies in the result sheet of the candidates arranged in order of merit. 12. No further consideration of the present writ petitions need to be gone into, thus, making it clear that if the petitioners intend to claim preferential treatment, their candidature can only be considered by following the provisions under the aforesaid Rules of 1999. 13. Accordingly, these two writ petitions stand disposed of. JUDGE Comparing Assistant