BHABANI MOHAN GOSWAMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appointment of Respondent No. 3 as Deputy Secretary, Board of Secondary Education, Assam, is in challenge in this writ petition.

(2.) The petitioner joined the Board as a Lower Division Assistant (L.D. A.) in the year 1962. During the year 1992, he was working as Registrar(l), now redesignated as Administrative Officer. On 6.12.96, the Board published advertisement inviting application for filling up the post of Deputy Registrar. The writ petitioner along with others, offered his candidature. The Board, on completion of selection process, appointed Respondent No. 3 to the said post. The decision to appoint Respondent No 3 as Deputy Secretary has been challenged on the ground that there was difference of opinion amongst the members of the Administrative Committee and that the interview was held without the assistance of experts. It has been further pleaded that Respondent No. 3 being junior to the writ petitioner, ought not to have been appointed. Integrity of Respondent No. 3 has also been questioned in this petition.

(3.) The above contentions have, however, been deniad in the affidavit filed on behalf of Respondent No. 2 According to the respondents, the decision of the Selection Committee was approved by the Administrative Committee. According to them, there is no deficiency in the selection process,