MITRA CHAKRABORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. J. Das, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Sarma, the learned counsel along with Mr. H. K. Das, the learned Standing counsel of the Gauhati High Court appearing on behalf of the Respondent Nos. 3, 4 and 5 and Mr. S. Das, the learned counsel appearing on behalf of the Respondent Nos. 6 to 16.

(2.) The present petition has been filed challenging the select list dtd. 18/2/2024 and seeking directions that the highest ranked woman candidate in the Unreserved category covering four vacancies after making necessary corrections and/or deletions in the list of successful candidates be incorporated in the fresh select list. The Petitioner has also assailed the advertisement dtd. 10/8/2022 on the ground that the said advertisement is in violation of the Assam Women (Reservation of Vacancies in Service and Posts) Act, 2005 (for short 'the Act of 2005') and the Rules framed therein under.

(3.) The facts leading to the filing of the present petition are that an advertisement was issued on 10/8/2022 by the Respondent No.4 inviting applications for filling up of Grade-IV post in the establishment of the District and Sessions Judge, Cachar, Silchar. From a perusal of the said advertisement, it is seen that there are total 11 Nos. of posts and the eligibility criteria was that the candidates must have passed Class VIII or read up to Class XII and those candidates who have passed Class XII or above, shall be ineligible to apply. It was also mentioned that the candidates possessing special skills would be given preference. Further to the said, it is also relevant to take note of that out of the 11 (eleven) posts, 4 (four) posts were earmarked for the Unreserved category; 3 (three) posts for OBC/MOBC, 1 (one) post for ST(H); 1 (one) post for ST(P), 1 (one) post for SC and 1 (one) post for EWS. The said advertisement also mentioned that the horizontal reservation in respect of PWD and women candidates would be provided as per the Government Rules.