SUBODH CHINTEY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant is aggrieved by the judgment and order dated 08.04.2009 rendered in WP (C) No. 2906/2008 setting aside his appointment to the post of Lower Division Assistant (for short, hereinafter referred to as 'LDA') in the office of the Executive Engineer, Water Resource Department, North Lakhimpur. THE annulment was as a consequence of a challenge to the selection process by the respondent No.7 herein. THE appellant was arrayed as respondent No. 7 in the writ proceeding.

(2.) WE have heard Mr. R.C. Saikia, learned counsel for the appellant; Mr. B. Goswami, learned Standing Counsel, Water Rcsource Department, Govt. of Assam; Mr. P.S. Deka, learned State counsel and Mr. M. Bhuyan, learned counsel for the respondent No.7.

(3.) SITUATED thus, the respondent No.7 in the above factual backdrop initiated the writ proceeding assailing the selection process and the resultant appointment of the appellant inter alia on the ground that the same had been conducted in violation of the prescribed guidelines and was in reality a sham exercise in order to favour the appellant on extraneous considerations. That the written test was held for 100 marks instead of 50 marks and that the model of the question paper demonstrated total non-application of mind for securing the appointment of the appellant herein was also underlined.