Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010000582022
2025:GAU-AS:9201
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/102/2022 MD. JAHIRUL ISLUM S/O- MANTAZ ALI SHEIKH, VILL- MOKRAPARA, P.O- BHOTGAON, P.S AND DIST- KOKRAJHAR, BTR, ASSAM, PIN-783370 VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,JUDICIAL DEPARTMENT, DISPUR, GUWAHATI-06 2:THE SELECTION BOARD FOR SELECTION OF CHOWKIDAR UNDER THE ESTABLISHMENT OF DISTRICT AND SESSIONS JUDGE KOKRAJHAR REP. BY LD. DISTRICT AND SESSIONS JUDGE KOKRAJHAR BTR ASSAM PIN-783370 3:THE DISTRICT AND SESSION JUDGE CUM CHAIRMAN SELECTION BOARD KOKRAJHAR BTR ASSAM PIN-783370 4:THE CHIEF JUDICIAL MAGISTRATE KOKRAJHAR CUM MEMBER SELECTION BOARD DISTRICT KOKRAJHAR BTR
Page No.# 2/4 ASSAM PIN-783370 5:THE CIVIL JUDGE CUM ASSTT. DISTRICT AND SESSIONS JUDGE CUM MEMBER SELECTION BOARD DISTRICT KOKRAJHAR BTR ASSAM PIN-783370 6:THE MUNSIFF NO.1 CUM MEMBER SELECTION BOARD DISTRICT KOKRAJHAR BTR ASSAM PIN-783370 7:ROSEN BORGOYARY S/O- RABI BORGOWARY VILL- BILASPUR P.O- PATGAON DISTRICT KOKRAJHAR ASSAM PIN-783346 8:BONOMALI ROY S/O- UDOY ROY VILL- BAKHALGAON
P.O- ABHAYAPURI ASSAM PIN-783383 9:SMTI ARUNIMA DEKA RETD. DISTRICT AND SESSIONS JUDGE BTR KOKRAJHAR ASSAM.
C/O- THE IN CHARGE DISTRICT AND SESSIONS JUDGE KOKRAJHAR BTR ASSAM PIN-78337 For the petitioner : Mr. M. U. Mahmud, Advocate
Page No.# 3/4
For the respondents : Ms. S. Sarma, SC, GHC Mr. D. Nath, Sr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 17.07.2025 Date of Judgment : 17.07.2025
JUDGMENT AND ORDER (ORAL)
Heard Mr. M. U. Mahmud, the learned counsel appearing on behalf of the petitioner. Mr. D. Nath, the learned counsel appears on behalf of the respondent No.1 and Ms. S. Sarma, the
learned counsel appears on behalf of the respondent Nos.2 to 6.
2. The petitioner herein has challenged the selection and appointment of the respondent No.7 vide the order dated 29.11.2021 as Chowkidar under the establishment of the learned District & Sessions Judge, Kokrajhar and further sought for a direction that the petitioner be appointed as the Chowkidar in the said establishment.
3. It is relevant to take note of that the advertisement so issued categorically mentioned that the maximum qualification for the post of the Chowkidar is HSLC passed and fluent in one or more local languages/dialects of Assam. The petitioner
Page No.# 4/4 admittedly was HSSLC passed which though not categorically stated in the petition, but is apparent from the Annexure-6 to the writ petition. Therefore, the petitioner was not eligible even to participate in the said selection process. Under such circumstances, at the instance of a candidate who was not eligible to participate in the said selection process, the question of issuance of a writ in the nature of certiorari to quash the selection and appointment of the respondent No.7 does not arise.
4. Consequently, this Court finds no merit in the writ petition for which the instant writ petition stands dismissed.
JUDGE Comparing Assistant