Page No.# 1/10 GAHC010239322025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6338/2025 ANKUR KUMAR AND 21 ORS. S/O LATE BAZRA KUMAR R/O VILLAGE P.O. - PITAMBARI HATBAJALI, P.S. - RANGIA, DISTRICT -KAMRUP, ASSAM PIN NO -781354 2: SRI BILIPHANG BASUMATARY S/O SRI GANAKANTA BASUMATARY R/O VILL- JWNWMPURI P.O. MEZENGJULI P.S. MISSAMARI DIST. SONITPUR PIN NO. 784111 MOBILE NO. 7575923635 3: SRI BIRSWN BASUMATARY S/O GOBINDA BASUMATARY R/O VILL- HASTHAIPARA P.O. MEZENGJULI P.S. MISSAMARI DIST. SONITPUR ASSAM PIN NO. 784111 MOBILE NO. 8811014597 4: SRI KHARGESWAR BARMAN S/O SRI MANGLU BARMAN R/O VILL- HASRAWBARI P.O. DANGAIGAON P.S. KAJOLGAON DIST. CHIRANG ASSAM PIN NO. 783380 Page No.# 2/10 MOBILE NO. 6900837053 5: SRI PANKAJ BORAH S/O SRI BANESWAR BORAH R/O VILL- DHALPUR (BORACHUK) P.O. DHALPUR P.S. BIHPURIA DIST. NORTH LAKHIMPUR ASSAM PIN NO. 784165 6: SRI GOPAL GAYAN S/O SRI JOGEN GAYAN R/O VILL- HAIBORGAON P.O. PURANIGUDAM P.S. SAMAGURI DIST. NAGAON ASSAM PIN NO. 782141 MOBILE NO. 6001005280 7: SMTI. MAMONI RAY D/O CHANDRA MOHAN RAYR/O VILL- DEBORGAON P.O. CHOTTO NILIBARI P.S. KAJOLGAON DIST. CHIRANG ASSAM PIN NO. 783393 8: MD. ANOWAR HUSSAIN S/O HABEZ SHEIKH R/O VILL- BARBAKHARA P.O. FAGUNAGAON .S. MANIKPUR DIST. BONGAIGAON ASSAM PIN NO. 783390 9: SRI PABAN CHETRY S/O TILAK BAHADUR CHETRY R/O VILL- FULKUMARIP.O. SILIKHAGURI P.S. PANBARI DIST. CHARANG ASSAM PIN-783390 10: SRI DALIM DOLEY Page No.# 3/10 S/O UMAKANTA DOLEY R/O VILL- THEKERAPUKHURI GAON P.O. DEORI GAON P.S. BARBARUAH DIST. DIBRUGARH ASSAM PIN NO. 786007. 11: SRI RAHUL RAY S/O BINOD RAY R/O VILL- PUB KHAMARPARA P.O. BAGARGAON P.S. BIJNI DIST. CHIRANG ASSAM PIN-783390. 12: SRI KAILASH RAY S/O LAKHAN CHANDRA RAY R/O VILL- KALABARI P.O. MONOGOLIYAN BAZAR P.S. BIJNI DIST. CHIRANG ASSAM PIN NO. 783390 13: SRI RUPAM DAS S/O RABI DAS R/O VILL- DAKHINPAT P.O. BHELEGUGURI P.S. SAMAGURI DIST. NAGAON ASSAM PIN NO. 782140. 14: SRI KARANJEET KARDONG S/O DIGANTA KARDONG R/O VILL- BOGIBEEL CHAUKHOWA N.C. P.O. CHAULKHOWA P.S. BARBARUAH DIST. DIBRUGARH ASSAM PIN NO. 786004. 15: SRI KAMLESWAR DAS S/O BIPUL DAS Page No.# 4/10 R/O VILL- BARKUKURIA P.O. PITAMBAR HATBAJALI P.S. RANGIA DIST. KAMRUP ASSAM PIN -781354 16: SRI SURUJ MONI BORA S/O PURNA BORA R/O VILL AND P.O. KALONGPAR HALOWAGAON P.S. RUPAHI HAT DIST. NAGAON ASSAM PIN NO. 782141 17: SRI BIKASH DUTTA S/O SRI AMULYA DUTTA R/O VILL- FETAGAON P.O. AND P.S. DERGAON DIST. GOLAGHAT ASSAM PIN NO. 785615 18: SRI PABITRA BARMAN S/O BHERULAL BARMAN R/O VILL- 1 NO. FAGUNAGAON P.O. 2 NO. FAGUNAGAON P.S. BIJNI DIST. CHIRANG ASSAM PIN-783390 19: SRI KRISHNA ROY S/O RABI ROY R/O VILL- NO. 1 PANBARI P.O. GURUFELA P.S. KACHUGAON DIST. KOKRAJHAR ASSAM PIN NO. 783360 20: SRI KULDEEP ROY S/O MONOMOHAN ROY Page No.# 5/10 R/O VILL- NO. 1 HATIGARH P.O. GURUFELA P.S. KACHUGAON DIST. KOKRAJHAR ASSAM PIN NO. 783360 21: SRI JUGABRAT SAIKIA S/O SRI HAREN SAIKIA R/O VILL- PUB- SALMARA P.O. PHULAGURI P.S. RAHA DIST. NAGAON ASSAM PIN NO. 782103 22: SRI SASANKAR DUTTA S/O SRI DIMBESWAR DUTTA R/O 4TH AP BATTALION GATE (LUTUMA) GUWAHATI P.O. BINOVA NAGAR P.S. FATASIL AMBARI DIST. KAMLRUP (M) ASSAM PIN-78101 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI -781006. 2:THE COMMISSIONER AND SECRETARY HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006. 3:THE CHAIRMAN THE STATE LEVEL POLICE RECRUITMENT BOARD ASSAM CUM DIRECTOR GENERAL OF POLICE ASSAM ULUBARI Page No.# 6/10 GUWAHATI-781007. 4:THE INSPECTOR GENERAL OF POLICE (A) ASSAM AND MEMBER CONVENOR SLPRB ASSAM ULUBARI GUWAHATI-781007 Advocate for the Petitioner : MR. N H BARBHUIYA, MS. S. DEY,MS. N.A. LASKAR,MR. S I HUSSAIN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 12.11 .2025 Heard Mr. N.H. Barbhuiya, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned Addl. Senior Government Advocate for the respondents. This writ petition has been filed by the petitioners, who have appeared for the selection process of Constable (AB & UB) in the Assam Police recruitment process. The recruitment process was initiated by the advertisement dated 06.10.2023 for filling up of 1645 posts of Constable (UB), 2300 posts of Constables (AB) in Assam Police & 1 post of Constable (UB) in APRO. The learned counsel for the petitioners submits that the writ petitioners, being eligible in all respects and desirous of offering their candidatures for the posts in question, had participated in the selection process having fulfilled all the prescribed eligibility conditions. According to the petitioners, they successfully completed the Physical Standard Test (PST), Physical Efficiency Test Page No.# 7/10 (PET), Medical Test, Combined Written Test (CWT). According to the petitioner, despite their qualification and successful completion of these tests, the respondents by impugned notice No.SLPRB/REC/SI(UB)/646/2023/196 dated 10.10.2025 informed that 202 posts are being withheld because of pendency of writ petitions being WP(C) No.3172 of 2025 and other connected writ petitions. In terms of the order passed by a Co-ordinate Bench of this Court in the said writ petitions, the results, insofar as the writ petitioners are concerned, was declared on 11.10.2025. According to the petitioners, they were merely informed by a message “NOT SELECTED BETTER LUCK NEXT TIME”. No detailed marks are published of the selected candidates or the petitioners. According to the petitioners, this amounts to violation of Articles 14 and 21 of the Constitution of India and contrary to the rules of recruitment. The further prayer is that the notice dated 10.10.2025 could not have been issued withholding 202 posts as had these posts not been withheld, the petitioners would have got a fair chance of being qualified. Mr. R. Dhar, learned Addl. Senior Government Advocate appearing for the respondents on instructions received submits that the 202 posts of Constable (AB & UB) withheld by the Department in the present recruitment process is pursuant to orders passed by the Court being order dated 25.09.2025 in a series of writ petitions being WP(C) No.3172 of 2025 and other connected writ petitions. Therefore, the steps taken by the Department is only pursuant to orders passed by the Court. Insofar as the second prayer of the petitioners are concerned, he submits that he will have to complete his instructions and moreover, in the advertisement itself, it is specifically mentioned that the select list shall be published only in respect of exact number of vacancies to be filled up. Page No.# 8/10 Having heard the learned counsel for the parties, this Court is of the view that the submission of the learned counsel for the petitioners that the 202 posts withheld in the recruitment process by the respondent authority is arbitrary and the same, if had not been withheld would have given a better chance to the petitioners for being considered, on the face of it is not acceptable inasmuch as it is under orders of this Court that the respondent authority has withheld 202 posts. According to the petitioners by order dated 25.09.2025, the Co-ordinate Bench of this Court had granted a stay on the filling up of 202 posts of Constables. The said order dated 25.09.2025 passed in WP(C) No.3172/2025 reads as under: “Heard Mr. M.K. Choudhury, learned Senior counsel assisted by Mr. A.K. Talukdar, learned counsel for the petitioners and also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate appearing for the respondent authorities. Mr. Chutia on instruction submits that till date no final selection list has been prepared by the Committee, however, the process is going on. Accordingly, taking note of the submission of Mr. Chutia, learned Additional Senior Government Advocate for the respondent authorities and also considering the facts and circumstances on the record, it is provided that till 14.10.2025 no appointment shall be made to the posts for filling up of which the advertisement dated 06.10.2023 was published. However, selection process may continue. Registry shall list these matters on 14.10.2025 on which date an endeavour will be made for final hearing and disposal of these matters.” A careful perusal of the said order reflects that there is no specific direction to stay 202 posts of the Constables. Rather the stay order was in respect of appointments to be made to the posts advertised pursuant to the advertisement dated 06.10.2023. This interim stay was granted till 14.10.2025 and the subsequent orders dated i.e. 14.10.2025 and 06.11.2025 passed by the Page No.# 9/10 Co-ordinate Bench as available in the CIS also does not reflect that the interim order passed has been extended. Be that as it may, if the respondent authorities have issued any notification or have taken any decision not to fill up those posts purportedly under orders of the Court, then the remedy sought for by the present writ petitioners is in the proceedings wherein such orders have been passed. The petitioners are at liberty to take necessary steps in the said proceedings for modification or alteration of the said interim order, if so advised. Any grievance by any party with regard to any order passed by the Court in any particular proceeding is required to be redressed before the competent Court in that very proceeding. Therefore, at this stage it is seen that the only grievance raised in the present proceeding is that the petitioners seek directions from this Court to the respondent authorities to proceed with the appointments to the posts of Constables pursuant to the advertisement dated 06.10.2023, more particularly in respect of the 202 posts of Constables which, according to the petitioners have not been processed for appointment by the respondents on account of the orders passed by the Co-ordinate Bench in WP(C) No. 3172/2025. Insofar as the publication of select list is concerned, the advertisement itself reflects that the select list will be prepared for exact number of vacancies to be filled up. Since there is no dispute that the petitioners stand rejected in terms of the advertisement itself, the select list to be published by the respondents will have to correspond to the exact number of vacancies specified in the advertisement, to be filled up vis-à-vis the candidates selected. Under such circumstances, this Court does not find any merit in the writ petition. Therefore, at this stage, without issuing notice, this writ petition stands Page No.# 10/10 dismissed. The dismissal of the writ petition shall not be a bar for the petitioners to seek appropriate remedy in WP(C) No.3172/2025, if they are so advised. JUDGE Comparing Assistant