GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1.Heard Mr. B P Borah, learned counsel for the petitioner. Also heard Ms. R Devi, learned CGC for the respondent No. 1 and Mr. N Deka, learned counsel for the respondent Nos. 2 & 3.

2. None appears for the respondent Nos. 4 & 5 on call, despite service is complete against the aforesaid two respondents.

3. By way of this petition under Article 226 of the Constitution of India, the petitioner, inter-alia, is assailing the provisional list of shortlisted candidates dated 16.12.2024 to the extent it excludes the petitioner from appearing in the skill/proficiency/physical test (hereinafter referred to as the SPPT) in connection with the selection for appointment to the post of Junior Engineering Assistant-IV (P&U).

4. The brief facts of the case are that on 20.07.2024 an advertisement was issued for recruitment of Non-Executive Personnel, including the position of Junior Engineering Assistant-IV (P&U) with a total of 10 posts available. Amongst these, one post was reserved for ST category in the Guwahati region along with other positions.

5. The petitioner, belonging to the Lalung Tribe which is recognized as ST(Plains) under the Constitution (Scheduled Tribes) Order, 1950, accordingly applied for the post of Junior Engineering Assistant-IV (P&U).

6. However, in the list of candidates qualified in the Computer Based Test (hereinafter referred to as the "CBT") held on 29.09.2024, which was published on 16.12.2024, the name of the petitioner was not shortlisted therein.

7. It is the case of the writ petitioner that since the score of the petitioner in the CBT test was not known to the petitioner at that time, he did not agitate as not being shortlisted for the SPPT and anticipated that his name shall be included in the final selection list.

8. It is the specific case of the writ petitioner that on 03.01.2025, i.e., the date on which the interview of SPPT was scheduled, the reasons for the petitioner's rejection were communicated to him. The reasons for rejection were provided in the remarks column, which states as follows - "Apprenticeship certificate submitted does not have endorsement from Boiler Authority of Assam as equivalent to BBC 2nd Class"

9. Aggrieved by the aforesaid rejection, the present writ petition has been filed.

10. Mr. B P Borah, learned counsel for the petitioner submits that the petitioner has all the prescribed qualifications and fulfills the eligibility criteria. Hence, rejection of the candidature of the petitioner is arbitrary and illegal.

11. He further submits that the petitioner has uploaded the requisite national apprenticeship certificate while uploading his application online. However, due to misreading of the qualification clause, inadvertently the endorsement certificate as required was not uploaded. But the requisite endorsement is issued by the Chairman, Boiler Attendant Examination Board , Assam (respondent Nos. 5 & 6) and the same has also been included as Annexure-4 to this petition. He, therefore, submits that since the petitioner in fact holds the said certificate and has scored 62 marks in the CBT and is also the sole ST candidate for the one post reserved for the ST, equitable relief be extended to him so as to enable his participation in the further process.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x8wJNhcfqOSp4x7%2FyHhcZnfDxivz76OMMY6jgNnsqu5F&caseno=WP(C)/99/2025&cCode=1&cino=GAHC010002202025&state_code=6&appFlag=)

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