Page No.# 1/3 GAHC010046102024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1615/2024 MONIRUL ISLAM S/O- ABDUR HALIM SHEIKH, R/O- VILL.- PIPULBARI PART-I, P.O. KALIPANI, DIST. SOUTH SALMARA MANKACHAR. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY LEGAL REMEMBRANCER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:CHAIRMAN OF SELECTION COMMITTEE-CUM- DISTRICT AND SESSIONS JUDGE SOUTH SALMARA-MANKACHAR-783127. 3:SELECTION COMMITTEE FOR RECRUITMENT OF PEON AND CHOWKIDAR IN THE ESTABLISHMENT OF DISTRICT AND SESSIONS JUDGE SOUTH SALMARA MANKACHAR For the petitioner (s) : Mr. S. Das, Advocate For the respondent (s) : Mr. T. R. Gogoi, Advocate Mr. A. Baruah, Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 12.06.2025 Heard Mr. S. Das, the learned counsel appearing on behalf of the petitioner. Mr. T. R. Gogoi, the learned counsel appears on Page No.# 2/3 behalf of the respondent No.1 and Mr. A. Baruah, the learned counsel appears on behalf of the respondent Nos.2 & 3. 2. The petitioner herein has challenged the Select List dated 01.02.2024 in so far as the appointments made to the posts of Peon in the Office of the respondent No.2 on the ground that while making the said Select List, the reservation of women has been more than 30%. The petitioner also seeks for a direction upon the Competent Authority to recommend the name of the petitioner to the post of the Peon in the Office of the respondent No.2. 3. It is relevant to take note of that the petitioner herein has assailed the selection of three candidates to the unreserved posts of the Peon on the ground that there has been in excess of the women quota of 30%, but the petitioner did not care to implead the said selected women candidates. On this ground alone, the instant writ petition deserves to be dismissed. 4. Be that as it may, it is relevant to take note of that out of the three women candidates who were selected to the posts of Peon, two of them have resigned in the meantime. Under such circumstances, the Select List so made having one woman candidate as against the five posts of Peon unreserved, cannot be said to be bad as being violated of the women quota. Page No.# 3/3 5. The learned counsel appearing on behalf of the petitioner submitted that as two women candidates have resigned, the said posts be filled up from the wait listed candidates wherein the petitioner is at Sl. No.2. In the opinion of this Court, as in the Select List so prepared, the candidates who were selected having already joined, the Select List stood exhausted in so far as the posts of the Peon is concerned. The subsequent resignation leads to creation of vacancies to the posts of Peon which in the opinion of this Court has to be filled up by following the due process. Under such circumstances, the question of issuance of a mandamus directing the respondent authorities to consider the case of the petitioner to be appointed against the vacant posts which have arisen on account of the resignation of the persons who had joined and resigned does not arise. 6. Accordingly, this Court finds no merit in the instant writ petition for which the instant writ petition stands dismissed. JUDGE Comparing Assistant