DILIP KUMAR SARKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this judgment Writ Petition (C) Nos. 3945/99, 5095/99, 2294/2000 and 2323/2000 are being disposed of as they relate to the same subject matter.

(2.) Writ petition (C) No. 3945/99 has been filed by Dr. Dilip Kumar Sarkar praying for issue of appropriate directions for recalling the advertisement No.6/99 dated 5.6.99 issued for selection of the Principals of three Medical Colleges of Assam and for further direction for holding interview on the basis of advertisement No. 7/97 making provisions for reservation for Scheduled Caste candidates. His grievance is that the ad-hoc appointment should no longer continue and regular appointment be made complying with the reservation policy of the Government. The State in their affidavit-in-opposition justified the impugned advertisement on the ground that it had to be issued to comply with the provisions of the Assam Scheduled Caste and Scheduled Tribe (Reservation of Vacancies for Services and Posts) Act, 1978. Respondent No. 4, Dr. K.N. Barua, submitted an affidavit controverting the contentions raised in the petition and further submitted that reservation for appointment in excess of 50% of the total posts or vacancies is impermissible under the provisions of the Act.

(3.) Writ petition (C) No. 5095/99 has been filed by Dr. Munindra Mohan Deka for issue of a writ of Mandamus restraining the respondents from appointing any person from the recommendation dated 23.9.99 (Annexure- XIII) made by the Commission and also for setting aside the same. The Propriety and the validity of the select list has been challenged on the ground that the candidates recommended by the Commission suffers from various deficiencies in respect of eligibility criteria, namely, experience, age etc. According to Dr. Deka, the candidates without fulfilling the requisite criteria were considered and selected in Geviation from the stipulations incorporated in the advertisement.