MUHI KANTA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these applications have been filed challenging the legality and validity of the Select list dated 29.12.2001 prepared by the Assam Public Service Commission (hereinafter referred to APSC) and communicated by its Secretary by which Dr. Bipul Ch. Goswami and Dr. Paresh Ch. Bhattarcharjee were selected to fill up the post of Director of Health Services, Assam in pursuance to the advertisement dated 10.10.2001. It may be stated that Dr. Bipul Ch. Goswami was placed at Sl.No. 1 in the Select list and Dr. Paresh Ch. Bhattacharjee was placed at Sl.No.2 in the Select list. The authority, however, after receiving the list came to a decision that Dr. Bipul Ch. Goswami is not qualified to hold the post as he did not have the requisite experience as per the advertisement and as such, the post is now being hold by Dr. Kalyan Das as in-charge Director pursuant to an interim order of this Court.

(2.) The brief facts are as follows :- On 10.10.2001 an advertisement was issued to fill up the post of Director of Health Services, Assam and the qualification mentioned were as follows:-

(3.) There is a set of Rules framed under Article 309 of the Constitution of India and that Rules is known as Assam Health Services Rules, 1995 which came into effect from the date of its publication in the Official Gazette and it was published on 26th September, 1996. Rule 6 of that Rules provides for direct recruitment. Rule 6(1) is as follows :- 6(1) Direct recruitment to the cadre of Director of Health Services and also in the cadre of M & HOI of the service shall be made by the Governor in accordance with the procedure. The other part of the Rules namely, 6(1) (a), (b), (c) (d) and (e) are with regard how to fill up the post by the Public Service Commission. Rule 7 provides for qualification for direct recruitment. Rule 8(i) vides for academic qualification. Rule 8(ii) provides as follows :-