ALI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Writ Appeal is presented against the judgment and order dated 28.08.2008 passed by a learned Single Judge in WP(C) No. 702/2008 directing the State of Assam to operate the select list dated 13.10.2003 prepared for the Forest Guards to the extent of 18 posts only, while directing the other posts included in the advertisement dated 02.02.2008, to be filled up by the State in accordance with law. The learned Single Judge by the aforesaid judgment had also come to a finding that the recruitment to the posts of Forester Grade-I was abandoned by the State as no vacancy in the said posts was available.

(2.) AT the outset, it will be relevant for the purpose of adjudication of this case to briefly notice the facts which have culminated in filing of the present appeal :-

(3.) SIGNIFICANTLY, instead of acting upon the select list dated 13.10.2003, an advertisement dated 02.02.2008 was published in the newspapers inviting applications for filling up of posts of Forester Grade-I, Forest Guard and Game Watchers alongwith some other posts. For the post of Forester Grade-I, the advertisement notified 73 posts. Resultantly, number of writ petitions came to be filed challenging the said advertisement dated 02.02.2008. Contentions were advanced on behalf of the writ petitioners that there could have been no justification for issuing the advertisement dated 02.02.2008 in the teeth of the judgment of this Court dated 09.08.2005 in WP(C) No. 9241/2003, WP(C) No. 9808/2003 and WP(C) No. 10318/2003, as confirmed by the judgment and order dated 03.10.2005 in WA No. 567/2005.