BISWAJIT SURAJ MALAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By means of these two writ petitions, the Petitioner has challenged the selection and appointment of the Respondent No. 5 as Demonstrator in Oral and Dental Pathology, Regional Dental College, Guwahati. In Annexure 6 letter dated 3.3.2006 by which the APSC made a recommendation, the name of the Petitioner appears at serial No. 2 while that of the Respondent No. 5 appears at serial No. 1. Be it stated here that both of them belong to Scheduled Castes category. The recommendation was made for the lone post of Demonstrator.

(2.) Pursuant to such recommendation, the Respondent No. 5 was appointed as Demonstrator by Annexure 7 order dated 19.9.2006.

(3.) In WP(C) No. 2106/2006, the challenge made was to the select list dated 3.3.2006 showing the merit position of the Respondent No. 5 at serial No. 1 and that of the Petitioner at serial No. 2. According to the Petitioner, his academic career being by far better than the Respondent No. 5, he could not have been superseded by the Respondent No. 5 in the matter of selection. Occasion for filing the 2nd writ petition arose for the Petitioner when during the pendency of the writ petition the Respondent No. 5 was appointed by the aforesaid Annexure 7 order dated 19.9.2006.