STATE OF ASSAM Vs. SMTI KAKUMONI BORAH

JUDGEMENT

(1.) This writ appeal has been carried against judgment dated 26th April, 2018 rendered in Writ Petition (C) No.6410 of 2012, titled 'Kakumoni Borah Vs. State of Assam and others', at the instance of State of Assam, Commissioner and Secretary, Government of Assam, Health and Family Welfare Department and two others.

(2.) The respondent/writ petitioner filed a writ petition on the premise that she belongs to Other Backward Class Community. Advertisement dated 28.07.2009 was issued inviting applications for four(4) posts of Lower Division Assistant under Directorate of Health Services (FW). One post was reserved for Scheduled Tribe (Plains) [ST(P)]; one post for Other Backward Class/More Other Backward Class (OBC/MOBC); one post for Scheduled Caste (SC) and one post for Unserved/General category. The advertisement further mentioned 30% reservation of vacancies of the posts as per Women's Reservation Act, 2005.

(3.) The respondent/writ petitioner responded to the advertisement, claiming herself to be eligible. The respondent/writ petitioner competed for one post through the written test, which she passed. The respondent/writ petitioner also appeared in interview/viva-voce. There were twenty-two(22) candidates in all including the writ petitioner. The writ petitioner claims to have done well, however, no result were declared. Subsequently, the respondent/writ petitioner came to know that the four(4) posts had been filled up. An application under Rights to Information Act was filed whereupon she was informed that she had not been selected.