Cousin of Assam Movement martyr can't be considered member of family for preferential appointment in Assam Public Services: Gauhati High Court

The Gauhati High Court recently observed that for preferential appointment a cousin cannot be included within the definition of 'member of family' in terms of the Assam Public Services (Preferential Appointment) Rules, 1999.

The bench of Justice Michael Zothankhuma stated, "The 1999 Rules provides for preferential appointment only to certain categories of family members and the said category is provided in Rule 2 (d) of the 1999 Rules. Rule 2 (d) of the 1999 Rules defines “Member of Family” to mean a son or daughter of the spouse or a brother or sister of a martyr or a physically disabled person."

One Jackie Rabha filed a writ petition before the high court claiming that he is the cousin of late Gajendra Bijoy Rabha, who participated in the Assam Movement, therefore, he is entitled to be given preferential appointment in terms of the 1999 Rules.

However, State counsel opposed the plea and contended that the petitioner could not be considered for preferential appointment, in view of the fact that a cousin does not come within the definition of “Member of Family”, as provided in Rule 2(d) of the 1999 Rules.

Agreeing with the submission of the state counsel, Court held that the petitioner could not avail the benefit and could not be considered for prefrential appointment.

Accordingly, the writ petition was dismissed.

In the year 1999, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam made rules regulating appointment in the public Services under the Government of the Assam of the next of the kin of persons who sacrificed their lives or who rendered physical disability permanently by the Bullet injury or otherwise while participating in the Assam movement.

The Assam Movement (also Anti-Foreigners Agitation) (1979–1985) was a popular uprising in Assam that demanded the Government of India to detect, disenfranchise and deport illegal aliens.

Case Title: Jackie Rabha v. The Priniciap Secretary of Govt of Assam and 5 others