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2025 DAILYLAW 26735 (GAU)

ABUL HOSSAN MOHAMMED SAYED v. THE STATE OF ASSAM AND 9 ORS

WA/344/2025 · 2025-10-28

Arun Dev Choudhury

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Judgment text

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Page No.# 1/4 GAHC010228282025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/344/2025 ABUL HOSSAN MOHAMMED SAYED VILL- - DIGHALTARI, P.O- DIGHALTARI, DIST- DHUBRI, ASSAM PIN- 783335. VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, ENVIRONMENT AND FOREST DEPARTMENT, DISPUR, GUWAHATI - 781006, ASSAM. 2:THE MEMBER SECRETARY CUM DIVISIONAL FOREST OFFICER KAMRUP EAST DIVISION BASISTHA, GUWAHATI, ASSAM 3:THE ASSAM PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN JAWAHARNAGAR KHANAPARA, GUWAHATI ASSAM -781022. 4:THE DEPUTY SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI, ASSAM -781022. 5:THE CONTROLLER OF EXAMINATIONS ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA, GUWAHATI, ASSAM -781022. 6:SRI PARAG JYOTI SARMA THROUGH THE CHIEF CONSERVATOR OF FOREST SOUTHERN ASSAM CIRCLE SILCHAR, PIN- 788001 Page No.# 2/4 7:SRI SARJAHAN AHMED THROUGH THE DIRECTOR ASSAM FOREST SCHOOL JALUKBARI, PIN- 781013 ASSAM. 8:MISS SURUSHREE PATOWARY THROUGH THE DIVISIONAL FOREST OFFICER NALBARI SF DIVISION NALBARI, PIN- 781334 ASSAM. 9:SRI NAYANJYOTI SARMAH THROUGH THE OFFICE OF THE SILVICULTURIST BASISTHA GUWAHATI PIN- 781029 ASSAM 10:SRI JYOTIPRASANTA SARMA THROUGH THE DIVISIONAL FOREST OFFICER CACHAR DIVISION SILCHAR, PIN - 788001 ASSAM For petitioner/appellant(s): Mr. K. K. Mahanta, Sr. Advocate Mr. K. M. Mahanta, Advocate For respondent(s) : Mr. T. J. Mahanta, Sr. Advocate Ms. P. Sarma, Advocate – BEFORE – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 29.10.2025 (Ashutosh Kumar, CJ) We have heard Mr. K. K. Mahanta, learned senior Advocate for the appellant and Mr. T. J. Mahanta, learned senior Advocate for the respondent Nos. 3, 4 and 5. The appellant has preferred this appeal being aggrieved with the order dated 05.09.2025, passed by a learned Single Judge in WP(C) No. Page No.# 3/4 5150/2025, whereby the prayer of the appellant/writ petitioner for an interim direction not to confirm the appointment of respondent Nos. 6 to 10 has been declined. It is the case of the appellant that he had applied under the EWS (Economically Weaker Section) category for being appointed as a Forest Ranger in Assam Forest Services, in which he had secured 419.75 marks, which was much higher than the cut-off marks fixed for the EWS category candidates, which was fixed at 397. Nonetheless, he was not appointed; rather, appointment letters were issued to others in that category. The final select list, according to the appellant, did not disclose the marks obtained by the selected candidates, thereby making it absolutely vague, arbitrary and unfair; more so, when the appellant, through the mechanism of RTI, had come to know that he had secured much more marks than the cut-off marks fixed for the EWS category candidates. What the appellant is presently aggrieved by is the refusal of the learned Single Judge to direct for staying the confirmation of appointment of the respondent Nos. 6 to 10, who were declared successful and were selected in the recruitment process referred to above. We are of the view that even if the case of the appellant succeeds finally, only one person, out of respondent Nos. 6 to 10, will have to make way for accommodating the appellant. Under the circumstance, it would not have been appropriate for the learned Single Judge to have directed for not confirming the services of respondent Nos. 6 to 10. Precisely for this reason, the stay prayed for by the appellant was refused by the learned Single Judge, and justifiably so. We, in all fitness of things, deem it appropriate to dispose off this appeal Page No.# 4/4 by making a request to the learned Single Judge to give the appellant an expeditious hearing by directing the respondent to file their affidavits without delay, and dispose off the writ petition preferably within a period of three months. The appeal stands disposed off accordingly. JUDGE CHIEF JUSTICE Comparing Assistant