CHATRASING ROY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Pursuant to an advertisement, published on 23.7.2008, inviting applications for filling up of 32 numbers of vacant posts of Grade-IV, in the Department of Health & Family Welfare, Government of Assam, in Bongaigaon district, several persons, including the present Petitioners, applied. By Government notification, dated 1.10.2008, issued by the Health and Family Welfare (A) Department, Government of Assam, a Selection Board was constituted with the Deputy Commissioner/Addl. Deputy Commissioner (Health) of the District as Chairman, the Additional Chief Medical & Health Officer of the district as Member and Joint Director of Health Services of the district as Member-Secretary. The candidates were accordingly interviewed in the months of November and December, 2008. Thereafter, however, the said process of selection was not proceeded further and another advertisement was published, on 10.4.2009, by the Director of Health Services, Government of Assam, inviting applications to fill up 12 posts of Grade-IV, under the establishment of Directorate of Health Services, in the district of Bongaigaon. A fresh selection process accordingly commenced. The present Petitioners did not participate in the later selection process. This was followed by order, dated 21.1.2010, issued by the Health and Family Welfare Department (A), Government of Assam, whereby the earlier process of selection, which had been set in motion by the advertisement, dated 23.7.2008, aforementioned, was abandoned with further direction to hold interview by calling afresh those candidates, who had already appeared in the interview held during the earlier selection process.

(2.) With the help of this writ petition, made under Article 226 of the Constitution of India, the Petitioners, who had participated in the selection process, which was set in motion by the advertisement, dated 23.7.2008, have impugned the order, dated 21.1.2010, and sought for necessary directions to be issued commanding the Respondents to appoint candidates on the basis of the select list, which might have been prepared pursuant to the advertisement, dated 23.7.2008.

(3.) While considering the grievances of the Petitioners, it needs to be borne in mind, as already noted above, that by notification No. HLA.1134/06/Pt.-Vl/33, dated 1.10.2008, the Department of Health and Family Welfare, Government of Assam, constituted a Selection Board for selecting candidates for the posts of Grade-IV for the district of, amongst other districts Bongaigaon, with the following persons: