RANJIT KUMAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Sarma, learned counsel for the petitioner and also heard Mr. B.C Das, learned counsel for the respondent No.5 and Mr. D. Doley, learned Government Advocate appearing for the respondent No.1.

(2.) On 29.06.2015, Office of the District Legal Services Authority, Barpeta, issued an advertisement for filling up 1(one) post of Upper Division Assistant along with the eligibility terms and conditions and one of them was that the candidate must have rendered 7 years ofservice as Lower Division Assistant in any Government Institution as on 30.01.2016. Thepetitioner submitted his application for the same but his application was rejected on the ground that he is only Copyist working in the establishment of District and Sessions Judge,Barpeta. However, the applications of the other two persons were also rejected. Since noeligible candidate was available, the committee decided to issue another advertisement.Accordingly, another advertisement was issued on 01.12.2015 for the same post under thesame terms and conditions. This time also no eligible candidate applied for the post,therefore, the committee once again decided to issue another advertisement and accordingly,on 21.01.2016 fresh advertisement was issued but with the same terms and conditions. Being apprehensive that his candidature may not be accepted again the petitioner has filed the present writ petition raying for quashing and setting aside of the Resolution dated 30.11.2015 of the selection committee which rejected his application and also praying forappropriate order or direction directing the respondents to accept his application for facing the recruitment process as per the last advertisement.

(3.) The leaned counsel for the petitioner submitted that in 2014, a draft service rule for Assam District Court Employees Service was framed but as per the Rule-1(ii) of the same it was to come into force only on the date of publication in the Official Gazette. The learned counsel further submitted that at Rule-13 of that rule, it was also provided that the post of Copyist and Typist shall be re-designated as Junior Administrative Assistant which is equivalent to LDA. However, the Rules have not been published till date.