GAUHATI HIGH COURT ISSUES ORDER ON SADANANDA BORAH AND 5 ORS V/S THE STATE OF ASSAM AND 6 ORS

GUWAHATI, India, Feb. 23 -- Gauhati High Court issued the following order on Jan. 22:

1. Heard Mr. P. K. Goswami, learned Senior Counsel assisted by Mr. B. P. Borah, learned counsel for the petitioners in WP(C) No. 3148/2023 and WP(C) No. 6140/2021; Mr. K. N. Choudhury, learned Senior Counsel assisted by Mr. P. Mahanta, learned counsel for the petitioners in WP(C) No. 2831/2021; and Mr. M. J. Quadir, learned counsel for the petitioners in WP(C) No. 470/2020 and WP(C) No. 577/2020. Also heard Mr. J. Payeng, learned Standing Counsel for the NRC and Mr. A. K. Dutta, learned CGC for the Union of India.

2. By filing these writ petitions, the petitioners, who were appointed as Circle Project Supervisors, Junior Assistants and Helpers on contractual basis under the National Register of Citizens (NRC) Updation Project in the State of Assam, have assailed the notices/orders of discontinuation from services by the respondent authorities. The petitioners have also prayed for regularization/ absorption in the sanction posts of their respective grades as the NRC updation process is a continuous process as per Rule 11 of the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

3. Having considered that the issues involved in these writ petitions are similar on facts and law, same were taken up analogously and disposed of by this common judgment and order.

4. In WP(C) No. 3148/2023, the petitioners were engaged as Circle Project Supervisors on contractual basis after due selection in terms of Rule 5.4 of the National Register of Citizens Updation Project (NRCP) Service Regulations, 2014 (hereinafter referred to as "NRCP Service Regulations, 2014", in short). In WP(C) No. 6140/2021 & WP(C) No. 577/2020, the petitioners were appointed as Helpers which constitute the Grade-IV cadre of the NRC updation process, in terms of the said NRCP Service Regulations, 2014. In WP(C) No. 470/2020 & WP(C) No. 2831/2021, the petitioners were appointed as Junior Assistants, in terms of the said NRCP Service Regulations, 2014.

5. Briefly put, the case of the petitioners is that pursuant to advertisements issued in the year 2014 for engagement of various categories of contractual posts under the NRC Updation Project in the State of Assam, the petitioners had participated in the selection process and were engaged as Circle Project Supervisors, Junior Assistants and Helpers on contractual basis in different districts and circles of the State. Their engagements were governed by the NRCP Service Regulations, 2014, framed by the Government of Assam, which prescribe the method of selection, continuance and disengagement of contractual employees.

6. The engagements of the petitioners were pursuant to the notification dated 05.12.2013, issued by the Registrar General of India under Section 18 of the Citizenship Act, 1955, notifying the decision of the Central Government to update the NRC, 1951 in the State of Assam in accordance with the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003 (hereinafter referred to as "Citizenship Registration Rules, 2003", in short). Rule 4A, read with the Schedule to the Rules, provides the special procedure for updation of NRC in Assam, while Rule 11 mandates continuous maintenance and updating of the NRC.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=QnBUxJ6a3gIx%2B5SFrUiAoMikUFBiizNgJqGZmrTXQSqQZsNVD7JhubdP4j5pnsqL&caseno=WP(C)/6140/2021&cCode=1&cino=GAHC010113502021&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.