TARUN CH DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The extraordinary jurisdiction of this Court has been invoked to invalidate the impugned select list published by the Assam Public Service Commission ('the Commission') for the post of Director of State Archives Organization as well as the notification dated 29.8.2006 appointing the Respondent No. 5 to the said office on the basis thereof. By the order dated 28.9.2006, this Court while issuing rule had made the appointment of this Respondent subject to the outcome of the instant proceeding.

(2.) I have heard Mr. A.K. Goswami, senior advocate for the Petitioner and Mr. T.C. Chutia, learned standing counsel, for the Commission, Mr. N. Dutta, senior advocate for the Respondent No. 5. In the first round of hearing, the Respondent No. 5 having remained unrepresented, the arguments were closed after recording the submissions made on behalf of the Petitioner and the Commission. An application was thereafter filed registered as Misc. Case No. 2191/2009 by the Respondent No. 5 seeking the leave of this Court to contest the proceeding contending principally that he had no knowledge of the pendency of the proceeding earlier. Along with the application, he also offered his affidavit in opposition projecting his stand on merits. After hearing the learned Counsel for the parties, leave as prayed for is granted and the affidavit of the Respondent No. 5 has been taken on record.

(3.) The abridged version of the Petitioner's pleaded case is that he is a Post Graduate in History in Modern Group and had secured the said degree in the year 1978 from the Gauhati University by obtaining 51.7 per cent marks. He was thereafter appointed as a subject teacher in History and posted at Chakia Higher Secondary School following which he served in the said capacity in different schools between 1981 to 1989.