Gauhati HC Directs Govt To Reconsider Case Of Candidates With Experience As Home Guards, SPOs In 2017 Recruitment For Constables Under Assam Industrial Security Force

The Gauhati High Court recently directed the Assam Government to reconsider the case of candidates who had previous experience as Home Guards and then Special Police Officers (SPOs) for the recruitment process of Constables under the Assam Industrial Security Force in 2017, by allotting two marks for such certificates wherein the period of service either as Home Guards or SPOs has not been specified in the respective certificates.

The single judge bench of Justice Sanjay Kumar Medhi further directed that if it is found that the petitioners are within the zone of consideration and have secured more than the cut-off marks secured by the last appointed candidate, the benefit of appointment should be given to them.

The Court was hearing a bunch of writ petitions in connection with a recruitment process of 2017 for filling up the post of Constables under the Assam Industrial Security Force (AISF).

The petitioners were initially appointed as Home Guards and thereafter as Special Police Officers (SPOs) by following the due process of law. However, their tenure as SPOs was for a particular period and their services were discontinued. To give such persons, who were earlier SPOs, an opportunity of public employment commensurate to their experience, a recruitment process was initiated vide an advertisement dated December 13, 2017 by the State Level Police Recruitment Board, Assam for appointment as Constable in the AISF.

The petitioners claimed to have participated in the said recruitment process. However, when the select list was published, their names did not figure in the said select list. The contention of the petitioners is that due marks have not been given for the period of service rendered by them either as Home Guards or SPOs. It was also contended that the marks allotted were not uniform in nature and had differed from district to district as a result of which the petitioners were left out.

The Court noted that the controversy is mainly related to certain certificates which have not specified the duration of the services rendered and so far as the district of Kokrajhar is concerned, two marks have been allotted for such Certificates whereas in other districts fewer marks or no marks have been given.

It was further observed by the Court that there is a general consensus amongst the counsel for the parties that the practice of allotting two marks for certificates wherein the duration of service has not been specified, as done in the district of Kokrajhar can be taken as standard marking and accordingly a review exercise be made so far as the case of the petitioners is concerned.

“This Court is of the considered opinion that the aforesaid consensus would serve the interest of justice inasmuch as, some of the petitioners contend that they have missed the cut-off marks by a very less margin,” the Court said.

Thus, the Court directed the State Government to reconsider the cases of the petitioners for the said recruitment by allotting them two marks for such certificates wherein the period of service either as Home Guards or SPOs has not been specified in the respective certificates.

“Let the aforesaid exercise be undertaken and completed within a period of 2(two) months from today and consequential action for affording appointment to those candidates who secure more than the cut off marks be made expeditiously thereafter,” the Court added.

Citation: 2024 LiveLaw (Gau) 28

Case Title: Bikash Bania & 5 Ors. v. The State of Assam & 5 Ors.

Case No.: WP(C)/3734/2022

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