Preferential appointment
STAFF REPORTER
GUWAHATI: A bench of the Gauhati High Court has ruled that 'cousin' does not come with the definition of a member of the family, and as such the bench dismissed a writ petition filed by the cousin of an Assam Agitation participant seeking preferential appointment in State Government jobs.
Petitioner Jackie Rabha, the cousin of Assam Agitation participant (now deceased) Gajendra Bijoy Rabha, sought preferential appointment in terms of the Assam Public Services (Preferential Appointment) Rules, 1999 (hereinafter referred to as the "1999 Rules").
B Islam, counsel for the petitioner, submitted that "the petitioner is the cousin of the deceased Gajendra Bijoy Rabha, who participated in the Assam Movement. As such, the petitioner is entitled to be given a preferential appointment in terms of the Assam Public Services (Preferential Appointment) Rules, 1999 (hereinafter referred to as the '1999 Rules').
Government counsel MD Borah submitted that the petitioner cannot 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.
The 1999 Rules provide 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. A cousin cannot be included within the definition of a member of the family. Thus, the petitioner cannot be considered for appointment in terms of the 1999 Rules.
Justice Michael Zothankhuma dismissed the writ petition accordingly.
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