1. Heard Mr. SP Choudhury, learned counsel for the petitioners and Mr. SS Roy, learned Junior Government Advocate for the Fishery Department of
the Government of Assam.
2. The writ petitioners had participated in a selection process pursuant to the advertisement dated 27.12.2019 bearing No.Janasanyog/D/8340/19
published in the local daily The Assam Tribune. The said advertisement was for 40 numbers of seats for the Fishery Development Training Course for
twelve months to be conducted for the session 2019-2020. Although the petitioners have participated in the selection process, but it appears that they
had not succeeded in the selection process. In the resultant situation, the select list dated 19.01.2020 for the 40 numbers of seats for the Fishery
Development Training Course is assailed in this writ petition.
3. In paragraph-6 of the writ petition, a statement has been made that Roll No.1248 who was one of the candidate selected for the 40 seats had not
participated in the written test, but his name appeared in the select list. Another grievance of the writ petitioners is that the advertisement itself
mentions that the selection process has no relation to an earlier advertisement dated 15.08.2017 published in the Assam Tribune and Niyomiya Barta
for selection of 30 numbers of seats for the Fishery Development Training Course for twelve months for the year 2017-18.
4. Mr. SP Choudhury, learned counsel for the petitioners states that in respect of the earlier advertisement of 15.08.2017 for the year 2017-18, which
is said to be sub-judiced in WP(C) No.3985/2018, there is no interim order and therefore, the said 30 seats are also available for a selection.
Accordingly raising the said grievance, the petitioners had also submitted a representation dated 15.05.2020, which is annexed as Annexure-5 to the
writ petition.
5. Although Mr. SS Roy, learned Jr. Government Advocate states that the said representation was given a final consideration, but Mr. SP Choudhury,
learned counsel for the petitioners points out that the final consideration was only in respect of Roll No.1248 and not in respect of 30 seats which are
referred in the advertisement dated 27.12.2019. As regards the Roll No.1248, Mr. SS Roy, learned Junior Government Advocate upon instruction
makes a specific statement that the candidate bearing the said Roll Number had in fact participated in the written test and he was also successful.
Further, although the said assertion that the Roll NO.1248 had not participated in the written test is made in paragraph-6 of the writ petition, but the
given paragraph is sworn to be on the basis of records and the petitioners could not produce any material on record, which may indicate that Roll
No.1248 had not participated in the written test.
6. For the aforesaid reason, we are disinclined to accept the contention of the petitioners assailing the select list dated 19.01.2020 on the ground that
the Roll No.1248 had not participated in the written test.
7. As regards the other ground taken regarding the availability of the 30 seats of the year 2017-18, as the said contention raised in the representation
dated 15.05.2020 has not been given a final consideration by the respondent authorities, we propose to dispose of this writ petition requiring the
respondent No.3 the Director of Fisheries, Assam to give a consideration to the representation dated 15.05.2020 as regards the 30 seats of the year
2017-18 and pass a reasoned order thereon. The requirement of given a consideration and passing a reasoned order be done within a period of one
month from the date of receipt of a certified copy of this order. It is clarified that by requiring the Director to give a consideration is not to be
construed to be a direction of the Court to the Director to accept the contention raised in the representation and the requirement of the Court is that
the Director will apply his own mind, give reasons and pass a reasoned order.
The writ petition is disposed of in the above terms.
