Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 5552 (GAU)

SHRI GAGAN KUMAR BORA v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1225/2026 · 2026-05-05

Soumitra Saikia

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010037442026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1225/2026 SHRI GAGAN KUMAR BORA S/O SRI NAGENDRA NATH BORA, VILLAGE - MANAHKUCHI, P.O.- MANAHKUCHI, P.S. - HAJO, DISTRICT- KAMRUP, ASSAM, PIN-781104 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF TRANSPORT, DISPUR, GUWAHATI-781006. 2:THE CHAIRMAN ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22. 3:THE SECRETARY ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22. 4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS ASSAM PUBLIC SERVICE COMMISSION JAWAHARNAGAR KHANAPARA GUWAHATI-22 Advocate for the Petitioner : MR. M BHAGABATI, MS. B TALUKDAR,M P DAS Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, SC, APSC Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 06.05. 2026 Heard Mr. M. Bhagabati learned counsel for the petitioner. Also heard Ms. M. D. Bora, learned Standing Counsel, Transport Department, Mr. T. J. Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel appearing for the APSC. 2. The petitioner’s grievance was that in pursuance to the advertisement published by the APSC for selection and appointment to the post of Enforcement Inspector under the Transport Department, Government of Assam, the petitioner appeared and participated in the selection process and is duly selected. The select list published by the APSC reflected the name of the petitioner at Sl. No. 7, showing him to be a person belonging to General Category and he was recommended for appointment to the post of Enforcement Inspector under the Transport Department in the Unreserved category. Thereafter, although the other similarly situated candidates received their appointment orders, the petitioner’s appointment order was not issued. Upon making enquiry, it was informed that there were some reviews undertaken by the APSC in respect of the writ petitioner. Since no orders were forthcoming, the Page No.# 3/4 petitioner approached this Court, seeking a direction from the respondent. 3. On an earlier date, the learned Senior Counsel, APSC and the learned Standing Counsel for the Transport Department were permitted to obtain their instructions. Today, the learned counsel for the APSC, on instructions, has placed before the Court a communication dated 23.04.2026 that the embargo by the APSC was recalled and the petitioner’s recommendation was reiterated and the matter has been communicated to the appropriate authority, namely the Transport Department. 4. Today, when the matter is called up, Ms. M. D. Bora, learned Standing Counsel has placed before the Court a communication dated 28.04.2026 to submit that the Department has received the recommendation of the APSC and the concerned file regarding the issuance of the appointment letter in respect of the writ petitioner is under process and upon obtaining all formal approval from the competent authority, the appointment letter will be issued. 5. Considering the submissions made, since there are no further objections raised by the APSC or by the State in respect of selections process undertaken by the writ petitioner and it is stated on written instructions by the Transport Department that the appointment of the writ petitioner is under process. Therefore, this Court considers it appropriate to close this writ petition at this stage. Page No.# 4/4 6. This writ petition is therefore closed, directing the Transport Department to expeditiously carry out the process of issuance of the appointment letter to the writ petitioner. It is seen that since there was no anomaly was found against the writ petitioner. However, his issuance of appointment order stood delayed for no fault of the writ petitioner. Accordingly, the appointment of the writ petitioner shall be made with effect from the date the similarly situated persons were appointed, pursuant to the selection process undertaken by the APSC. 7. Accordingly, this writ petition in terms of the above stands disposed of. JUDGE Comparing Assistant