DHARMESWAR SONOWAL Vs. TARUN CHANDRA DEKA & ORS.

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge quashing the appointment of the appellant as Director, Archives.

(2.) Advertisement dated 10.01.2002 was issued for appointment to the post in accordance with the Assam State Archives (Gazetted) Service Rules, 2000. The appellant and the writ petitioner were the two candidates. Both of them were held to be eligible by order of this Court dated 24.02.2006 passed in WP(C) No.5104 of 2006. The appellant was selected and recommended and the appointing authority made appointment on 29.08.2006. In course of selection, an expert was nominated by the Government in accordance with para 2 of the instructions appended to the Assam Public Service Commission (Limitation of Functions) Regulations, 1951, framed under Art. 320(3) of the Constitution.

(3.) The writ petitioner challenged the selection on the ground that the selection was ultra vires Rule 6 of the 2000 Rules inasmuch as due procedure for selection was not adhered to as no scheme existed.