ALOK KUMAR PANDIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) The questions which arise for consideration in this appeal filed against the order of the Division Bench of the Guwahati High Court dismissing the writ petition filed by the appellant for quashing the selection made by the Assam Public Service Commission (for short, 'he Commission') are whether a candidate of reserved category, who is adjudged more meritorious than open/general category candidates, is entitled to be appointed in the service/cadre/post of his choice/preference against the post earmarked for the reserved category to which he belongs and whether while computing the quota/percentage of reservation, such candidate should be treated to have been allotted a post in the open category.

(3.) On a requisition received from the State Government, the Commission issued advertisement No.6/2006 dated 10.8.2006 for 116 posts of Assam Civil Service Class-I (Junior Grade), Assam Police Service (Junior Grade), Labour Officer, Assistant Registrar of Cooperative Societies, Inspector of Labour, Inspector of Taxes and Inspector of Excise. These included 11 backlog posts of reserved categories of Scheduled Castes, Scheduled Tribes (P) and Scheduled Tribes (H). The appellant, who belongs to OBC applied for recruitment against the advertised posts. After clearing the preliminary and final examination, the appellant was called for interview. The list of selected candidates was published by the Commission on 15.6.2009.