DHANJIT HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned counsel for the respondent in the Health Department of the Govt. of Assam.

(2.) An advertisement No.04/2018 dated 11.06.2018 and an advertisement No.06/2018 dated 06.08.2018 were issued by the respondent authorities for filling up of 54 numbers of posts of Registrar/Resident Physician/Resident Surgeon/Demonstrator/Anesthetist/Resident Pathologist etc. in various department of the Medical Colleges in the State of Assam operating under the Health and Family Welfare (B) department. In the resultant selection, a select list dated 21.09.2018 was published wherein for the post of Registrar Haematology comprising of one unreserved post, the petitioner was shown to have been selected. As no appointment came in favour of the petitioner although other candidates were appointed, WP(C) 3105/2019 was preferred. In the affidavit in opposition in paragraph-6, of the said writ petitionit has been stated as follows:-

(3.) A reading of the stand of the respondents makes it apparent that the petitioner was not offered the appointment inasmuch as, the vacancy for which he was selected, subsequently had to be considered to be not vacant as the incumbent who was holding the post could not be promoted for some reason, but again in the affidavit, it is stated that subsequently that the appointment of the person concerned had been made and consequently the vacancy arose once again.