KUSHAL KONWAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MK Choudhury, learned senior counsel for the petitioners, Mr. D Gogoi, learned counsel for the Forest Department and Mr. K Konwar, learned counsel for the respondent APSC.

(2.) Pursuant to the advertisement dated 28.02.1989 of the Assam Public Service Commission (in short APSC) for the course of stipendiary studentship for 1989-91 Rangers Course, the petitioners were selected and by the list dated 20.06.1989 were recommended on the basis of merit. Accordingly, by the notification dated 28.07.1989, the petitioners were appointed as Trainee Officers temporarily subject to the condition that their regular appointments would be made upon successful completion of their training. The petitioners as per notification dated 28.07.1989 were required to attend the training course at the Eastern Forest Rangers College, Kurseong in the district of Darjeeling, West Bengal. Although the Government of Assam in the Department of Forest vide telex message dated 01.08.1989 had requested the Principal of the Eastern Forest Rangers College, Kurseong to allow the 18 number of trainees, which also included the petitioners to attend the course as a special case, but the Principal of the college did not allow the petitioners to attend the training since the training had already started from May, 1989. As the petitioners returned back without being able to participate in the training course, the authorities vide D.O No.268 dated 07.08.1989 deputed all the trainees including the petitioners for some field training. Subsequently, by a Memorandum No.B-2(b)/89/7335-37 dated 29.09.1989 they were required to report before the Director, Assam Forest School, Jalukbari on 16.10.1989.

(3.) Accordingly, the petitioners reported before the Director of the Forest School and had undergone the required course. Upon successful completion of the training course, they were issued high standard certificates and they were posted as Forest Range Officers.