GUWAHATI, India, Jan. 12 -- Gauhati High Court issued the following order on Dec. 11:

1. Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the petitioner. Mr. G. Baishya, the learned Standing Counsel appears on behalf of the Gauhati High Court. Mr. R. J. Das, the learned counsel appears on behalf of the respondent No.6 in WP(C) No.1056/2024 and Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the State respondents.

2. The two writ petitions are interconnected, and as such, the same are taken up for disposal by this common judgment and order.

3. WP(C) No.1056/2024 is filed by the petitioner seeking a direction that the petitioner being a wait listed candidate should be appointed against the vacancy which have arisen in view of the resignation of the selected candidates in the OBC category. WP(C) No.3666/2024 has been filed by the same petitioner challenging the action on the part of the Respondent Authorities to initiate the process for filling up the vacancy of Jarikarak in the OBC category which came into existence in view of the resignation of the selected candidates in pursuance to the select list dated 26.04.2022.

4. The question which arises in the instant proceedings is as to whether the petitioner herein is entitled to any relief as has been sought for. For deciding the same, this Court finds it pertinent to take note of the brief facts which led to the filing of both the writ petitions.

FACTUAL MATRIX

5. The Office of the District and Sessions Judge, Hojai had issued an advertisement dated 08.07.2021 for filling up of various posts which includes five posts of Jarikarak. In the said advertisement, it is further mentioned that one post was reserved for OBC; one post was reserved for ST(P) and three posts were in the Unreserved Category. The petitioner who belongs to the OBC category participated in the said selection process. On 26.04.2022, a select list was published in the order of merit for the post of Jarikarak. The petitioner did not find place in the said select list amongst the five selected candidates. However, the petitioner was put at Sl. No.2 in the waiting list in the OBC category.

6. It is the case of the petitioner that the Sri Kapil Dev Sah who was appointed in pursuance to the select list dated 26.04.2022 was issued a show cause notice in as much as the said Kapil Dev Sah was not eligible to apply for the post of Jarikarak as he was over qualified. Pursuant thereto, the said Kapil Dev Sah submitted his letter of resignation on 27.09.2022 due to personal reasons. It is therefore the case of the petitioner that as the post of Jarikarak in the OBC category fell vacant, the petitioner who was at Sl. No.2 of the waitlist should be given appointment and should be appointed against the said post. Being aggrieved by the action on the part of the authorities in not appointing the petitioner against the vacancy which came into existence, the petitioner approached this Court by filing WP(C) No.1056/2024 seeking a direction that the petitioner should be appointed to the post of Jarikarak against the resultant vacancy which arose in view of the resignation of Sri Kapil Dev Sah.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqASZjddgx2%2F7%2FZqSzwxjbO7nF4U3HFsThkZGZDp4bb6U&caseno=WP(C)/3666/2024&cCode=1&cino=GAHC010108902024&state_code=6&appFlag=)

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