SANJIB MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition is for issue of a Writ of Mandamus for appointment of the writ petitioner as Motor Vehicle Inspector in the Transport Department and for quashing the appointment order of respondents No. 2 to 7 made under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951 issued on 1.10.1993.

(2.) I have heard Mr. A.K. Bhattacharjee, learned Sr. counsel for the petitioner and also Mr. T.C. Chutia, Government Advocate, Assam and Mr. A.K. Phukan, learned Sr. counsel for the respondents.

(3.) The petitioner obtained diploma in 1988 in Mechanical Engineering from Silchar Polytechnic. In 1991, the Assam Public Service Commission, hereinafter referred to as the Commission, issued an advertisement on 7.3.1991 for selection for appointment to the post of Motor Vehicle Inspectors. The petitioner appeared in the written and viva voce test and his name appeared at serial No. 5 of the wait list candidates in the select list published on 17.11.1992. The select list (Annexure-2) shows that 10 persons were recommended in order of preference for appointment and 9 more candidates were recommended in order of preference against future vacancies. Writ petitioner 's name is at serial No. 5 out of the 9 candidates recommended for appointment against future vacancies. Petitioner's case is that out of the select list, first four candidates were appointed immediately. Four selected candidates filed Civil Rule No. 2491 of 1993 and Civil Rule No. 2661 of 1993 and as per direction given in the said writ petitions, they were also appointed. During the pendency of the Civil Rule No. 2491, 2616 of 1993, the respondent No.1 appointed respondents No. 8 to 13 by an order passed on 1.10.1993 under Regulation 3(f) of the Regulation of 1951 ignoring the case of the selected candidates. In Civil Rule No. 2491 and 2616 of 1993 this court directed that no extension be given to the persons appointed under Regulation 3(f). Civil Rule No. 2491 of 1993 was disposed of on 18.9.1994 with a direction that all vacant posts of M.V.Is. should be filled up on the basis of select list. Wait list candidate No.2 Shri Pawan Thakuria filed Civil Rule No. 2617/ 1994 and in that petition this Court vide order dated 11.7.1994 extended the validity of the select list. According to the writ petitioner, 12 posts were vacant at the time of institution of the writ petition and, therefore, the petitioner has a right for absorption/appointment against any of those posts.