KALYANEE BORGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole question agitated before us is whether the learned Single Judge was right in upholding the direct recruitment of Respondent No. 5 (Anupam Gogoi) as an Assistant Public Analyst (Class-I)/Assistant Analyst in the office of the Public Analyst of the Government of Assam under the Public Health and Family Welfare Department. Our answer to the question raised is in the affirmative and in our opinion, this writ appeal directed against the judgment and order dated 3rd January, 2008 deserves to be dismissed.

(2.) An advertisement was issued in the Assam Tribune of 10th April, 2004 (read with the corrigendum dated 30th June, 2004) for direct recruitment to one post of Assistant Public Analyst (Class-I) in the office of the Public Analyst of the Government of Assam under the Public Health and Family Welfare Department. The advertisement reads as follows:

(3.) A perusal of the advertisement makes it quite clear that the essential educational qualification for recruitment is that the candidate must have an M.Sc. in Chemistry or M.Sc. in Food and Drugs with at least 55% marks. Work experience is not essential but candidates having experience in laboratory works and instrumentation will be preferred. As we understand it, what this simply means is that if two candidates are equally placed in merit, then preference will be given to the candidate having experience in laboratory works and instrumentation.