NIRMAL NARZARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr A.S. Choudhury, learned counsel for the petitioners, Dr. Y.K. Phukan, learned counsel for the respondent No. 3, Mr P.K. Mushahari, learned counsel for the respondent Nos. 7, 8 and 9 and Mr B.J. Talukdar, learned Govt Advocate for the State of Assam.

(2.) Bodoland Autonomous Council, for short, BAC, was constituted vide Bodoland Autonomous Council Act, 1993, with the object to grant autonomy to a particular community, namely, Bodo, living with the defined area under the Act. Section 24 and 25 of the said Act provide for authority of BAC to regulate certain subjects and accordingly 38 subjects falling within the BAC area were transferred to the BAC and later it was delegated with executive power within its area relating to the above 38 subjects. Under Section 25(3) of the said Act, BAC has been delegated with power to recruit Class-Ill and Class-IV employees.

(3.) The present eight petitioners living in the BAC area had applied for certain posts of Forest Guard and Forester Grade-I (Class- IV and Class-III) posts and the selection committee constituted by the BAC considered their case and recommended their name for appointment. However, the Conservator of Forests, Western Assam Circle, Kokrajhar also constituted another selection committee and while the process was going on, the BAC authorities requested the respondent State to make appointment in favour of the persons selected by the BAC. As no appointments were made, the petitioners have approached this Court under Article 226 of the Constitution of India to quash the selection committee constituted by the Principal Chief Conservator of Forests, Assam vide order dated 23.10.98 and for a direction to act as per selection made by the BAC as the posts fall under the BAC area.