Gauhati High Court

MC/7/2026 of SRI ARUP DAS Vs THE UNION OF INDIA on 13 August 2026

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GAHC010033222026 2026:GAU-AS:11498 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MC/7/2026 SRI ARUP DAS S/O- KUMUD DAS, R/O VILL. and P.O.- ARARRA, DIST.- NALBARI, ASSAM, PIN- 781334. VERSUS THE UNION OF INDIA REPRESENTED BY THE SECRETARY,

GAHC010033222026

2026:GAU-AS:11498

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : MC/7/2026

SRI ARUP DAS

S/O- KUMUD DAS, R/O VILL. and P.O.- ARARRA, DIST.- NALBARI, ASSAM, PIN- 781334.

VERSUS

THE UNION OF INDIA

REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW

DELHI-110001 DISPUR, GUWAHATI,

2:THE STAFF SELECTION COMMISSION

THROUGH SECRETARY

STAFF SELECTION COMMISSION

BLOCK NO. 12 CGO COMPLEX

LODHI ROAD

NEW DELHI- 110003

3:THE REGIONAL DIRECTOR (NER)

STAFF SELECTION COMMISSION

HOUSEFED COMPLEX

WEST END BLOCK

LAST GATE

BELTOLA BASISTHA ROAD

GUWAHATI

ASSAM

PIN- 781006.

4:THE DIRECTOR GENERAL

BORDER SECURITY FORCE

BLOCK NO.-10

CGO COMPLEX

LODHI ROAD

NEW DELHI

PIN NO.- 110003.

5:THE DIRECTOR GENERAL

SASHATRA SEEMA BAL

FORCE HEAD QUARTERS

EAST BLOCK-V

R.K. PURAM

NEW DELHI

PIN NO.-110066.

6:THE DIRECTOR GENERAL ASSAM RIFLES

SHILLONG

MEGHALAYA

PIN- 793011.

7:THE PRESIDING OFFICER

R.M.E. SSC RALLY- 2015-2016 C/O- ASSAM RIFLES

COMPOSITE HOSPITAL DIMAPUR

SUKHOVI

NAGALAND

PIN-7971

Advocate for the Petitioner : MS J BEZBARUAH, MR N C K HAZARIKA

Advocate for the Respondent : MR. S K MEDHI, BEFORE

HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

Date : 14-08-2026 Heard Ms. J. Bezbaruah, learned counsel for the applicants as well as Ms. R. Dutta, learned counsel appearing on behalf Mr. S.K. Medhi, learned CGC for the Union of India.

2. This Misc application has been filed for restoration of the

WP(C)/6613/2016, which was dismissed for non-representation on 29.01.2026.

3. This Court on 19.06.2026 had the prima facie view of not inclined to restore the matter as it appeared to the Court that no fruitful order can be passed in view of the fact that the process of selection to the post of Constable (GD) was in pursuance to the advertisement dated 24.01.2015 and the finding of the Review Medical Board, which the petitioner has stated to be aggrieved, is of 06.09.2016.

4. This Court is also of the view that it may not be possible to grant relief to the petitioner/applicant if at all, at this distant point of time, as the selection process is of 2015-2016, a lapse of 10 years, that too for recruitment to the post Constable (GD). However, considering the submissions of Ms. J. Bezbaruah, learned counsel for the petitioner to the extent that she be given an opportunity to address this Court on the merit of the matter, for which she prays for restoration of the writ petition to file.

5. As the writ petition has been dismissed for non-prosecution on the default of the counsel, who could not appear on the date of listing of the matter and in view of the fact that new set of counsel were engaged as well as considering that the respondent raises no objection for restoration of the writ petition, I am of the considered view that a chance to address the matter on merit is required to be given to the petitioner for the interest of justice.

6. Accordingly, writ petition be restored to file. Consequently, the order dated 29.01.2026 passed in WP(C)/6613/2016 is recalled.

7. Misc Case stands allowed and disposed of.

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