Atul Bania vs State Of Assam And Anr

Heard Mr. S. C. Biswas, learned counsel for the petitioner. I have also heard Mr. U. K. Nair, learned senior counsel representing the respondent

No.2. Ms. R. B. Borah, learned Govt. Advocate, Assam, has appeared for the respondent No.1.

The instant writ petition has been filed with a prayer to grant relaxation in respect of the educational qualification prescribed by the advertisement

dated 01.06.2013 issued by the Chief Judicial Magistrate, Dhemaji for filling up one post of Chowkidar in his establishment. The undisputed factual

position, emerging from the record of this case, is that the petitioner was initially appointed vide order dated 06.05.2008 as a casual employee in the

establishment of the Chief Judicial Magistrate, Dhemaji. While the writ petitioner was serving as a casual employee, the Chief Judicial Magistrate,

Dhemaji had issued the aforesaid advertisement notice on 01.06.2013 for filling up the vacancy of Chowkidar, wherein, the minimum educational

qualification had been prescribed as “Xth Standardâ€. The petitioner has studied upto “IXth Standardâ€. However, having rendered service for

several years as a casual employee and being in need of a permanent job, the petitioner had submitted his application seeking appointment against the

post of Chowkidar although he did not meet the educational qualification prescribed by the advertisement notice dated 01.06.2013. Since the petitioner

was not allowed to take part in the selection process, he has approached this Court by filing the present writ petition.

By the interim order dated 18.06.2013 passed by this Court the petitioner was allowed to participate in the selection process but it was directed that

the result of the interview shall not be declared without the leave of this Court. In view of the order passed by this Court the post of Chowkidar has

not been filled up till date.

Mr. Biswas, learned counsel for the writ petitioner, submits that as on date, his client has rendered more than 11 years of dedicated service in a

Grade-IV post and therefore, he entertains a legitimate expectation of being permanently absorbed against a vacant post as and when the vacancy

arises. According to Mr. Biswas, the petitioner is willing to take part in the selection process but due to the minimum educational qualification

prescribed by the advertisement notice, the prospect of the petitioner of being successful in the interview process is practically nil.

Mr. Nair, learned senior counsel appearing for the respondent No.2, submits on instructions that the advertisement notice did prescribe “Xth

Standard†as the minimum educational qualification, keeping in view the promotional avenues that would be available to a Chowkidar. The learned

senior counsel has, however, fairly submitted that since the Rules do not prescribe such minimum qualification, the respondent No.2 is not averse to

considering the case of the petitioner sympathetically if a direction to that effect is issued by this Court.

From the submission made by the learned counsel for the parties it is apparent that the only question that would arise for consideration by this Court

in the present case is as to whether, the minimum educational criteria prescribed by the advertisement notice dated 01.06.2013 can be relaxed so as to

accommodate the prayer of the writ petitioner.

The selection process is being carried out as per the provisions of the Assam Chief Judicial Magistrate Establishment (Ministerial) Service Rules,

1987 which was framed in exercise of powers conferred under the provisions of Article 309 of the Constitution of India. There is no dispute about the

fact that the aforesaid Rules do not prescribe any minimum qualification for recruitment to the post of Chowkidar. If that be so, the candidature of the

petitioner is apparently not barred under the Rules. Although the petitioner does not meet the eligibility norms prescribed by the advertisement notice in

so far as his educational qualification is concerned, yet, having regard to the long years of dedicated service rendered by the petitioner and considering

the peculiar facts and circumstances of the case, I am of the view that it would be highly unjust for the respondents to deny an opportunity to the

petitioner to take part in the selection process merely on the ground of want of educational qualification.

For the reasons stated herein above, this writ petition is disposed of by directing the respondent No.2 to consider the case of the petitioner for

relaxation of the minimum educational qualification norm if his candidature is otherwise found to be acceptable under the Rules as well as per the

terms and conditions of the advertisement notice. Since the selection process has been held up since the year 2013 due to the interim order passed by

this Court, the respondent No.2 may now take necessary steps, as expeditiously as possible, for concluding the process, in accordance with law and as

per the directions passed by this Court. It is, however, made clear that this order is passed in the peculiar facts and circumstances of the case and

shall not be treated as a precedent for future purposes.

The writ petition is accordingly disposed of.

Records be returned forthwith.