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2026 DAILYLAW 12514 (GAU)

SRI ARUP DAS v. THE UNION OF INDIA

MC/7/2026 · 2026-08-13

Kardak Ete

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010033222026 2026:GAU-AS:11498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/7/2026 SRI ARUP DAS S/O- KUMUD DAS, R/O VILL. and P.O.- ARARRA, DIST.- NALBARI, ASSAM, PIN- 781334. VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001 DISPUR, GUWAHATI, 2:THE STAFF SELECTION COMMISSION THROUGH SECRETARY STAFF SELECTION COMMISSION BLOCK NO. 12 CGO COMPLEX LODHI ROAD NEW DELHI- 110003 3:THE REGIONAL DIRECTOR (NER) STAFF SELECTION COMMISSION HOUSEFED COMPLEX WEST END BLOCK LAST GATE BELTOLA BASISTHA ROAD GUWAHATI ASSAM PIN- 781006. 4:THE DIRECTOR GENERAL BORDER SECURITY FORCE BLOCK NO.-10 CGO COMPLEX Page No.# 2/4 LODHI ROAD NEW DELHI PIN NO.- 110003. 5:THE DIRECTOR GENERAL SASHATRA SEEMA BAL FORCE HEAD QUARTERS EAST BLOCK-V R.K. PURAM NEW DELHI PIN NO.-110066. 6:THE DIRECTOR GENERAL ASSAM RIFLES SHILLONG MEGHALAYA PIN- 793011. 7:THE PRESIDING OFFICER R.M.E. SSC RALLY- 2015-2016 C/O- ASSAM RIFLES COMPOSITE HOSPITAL DIMAPUR SUKHOVI NAGALAND PIN-7971 Advocate for the Petitioner : MS J BEZBARUAH, MR N C K HAZARIKA Advocate for the Respondent : MR. S K MEDHI, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 14-08-2026 Heard Ms. J. Bezbaruah, learned counsel for the applicants as well as Ms. R. Dutta, learned counsel appearing on behalf Mr. S.K. Medhi, learned CGC for the Union of India. 2. This Misc application has been filed for restoration of the Page No.# 3/4 WP(C)/6613/2016, which was dismissed for non-representation on 29.01.2026. 3. This Court on 19.06.2026 had the prima facie view of not inclined to restore the matter as it appeared to the Court that no fruitful order can be passed in view of the fact that the process of selection to the post of Constable (GD) was in pursuance to the advertisement dated 24.01.2015 and the finding of the Review Medical Board, which the petitioner has stated to be aggrieved, is of 06.09.2016. 4. This Court is also of the view that it may not be possible to grant relief to the petitioner/applicant if at all, at this distant point of time, as the selection process is of 2015-2016, a lapse of 10 years, that too for recruitment to the post Constable (GD). However, considering the submissions of Ms. J. Bezbaruah, learned counsel for the petitioner to the extent that she be given an opportunity to address this Court on the merit of the matter, for which she prays for restoration of the writ petition to file. 5. As the writ petition has been dismissed for non-prosecution on the default of the counsel, who could not appear on the date of listing of the matter and in view of the fact that new set of counsel were engaged as well as considering that the respondent raises no objection for restoration of the writ petition, I am of the considered view that a chance to address the matter on merit is required to be given to the petitioner for the interest of justice. 6. Accordingly, writ petition be restored to file. Consequently, the order dated 29.01.2026 passed in WP(C)/6613/2016 is recalled. Page No.# 4/4 7. Misc Case stands allowed and disposed of. JUDGE Comparing Assistant