Gauhati High Court: In a series of writ petitions filled by the candidates having experience as Home Guards or Special Police Officers (‘SPOs’) to challenge the 2017 recruitment process for appointment of constables under Assam Industrial Security Force (‘AISF’), Sanjay Kumar Medhi, J., directed the State to reassess the recruitment process.
Background, Analysis and Decision
The petitioners who had previously served as home guards and SPOs filed a series of writ petitions concerning the 2017 recruitment of constables under the AISF. The petitioners contended that they were overlooked in the selection list due to inadequate marks awarded to them for their prior service. They further argued that the allocation of marks was not uniform and varied from district to district which thereby resulted in their exclusion.
The Court observed that this discrepancy arose mainly due to certificates not specifying the duration of the service rendered and that only Kokrajhar district had allotted two marks for such certificates whereas in other districts lesser or no marks had been given.
The Court directed the allotment of two marks as the standard marking to candidates with such certificates wherein the duration of service has not been specified. The Court further opined that the benefit of the appointment should be given to the petitioners who are within the consideration zone and had secured more than the cut-off marks secured by the last appointed candidate.
Hence, the Court directed the State to review cases of petitioners within two months.
[Bikash Bania v. State of Assam, 2024 SCC OnLine Gau 552, decided on 10-05-2024]
Advocates who appeared in this case:
For the Petitioners: MH Choudhury, H Borah, LR Mazumder, R Islam, S Das, Advocates
For the Respondent: TC Chutia, Additional Senior Government Advocate, ASSAM
