DEBOTOSH CHAKRAVORTY Vs. STATE OF ASSAM

JUDGEMENT

(1.) I have heard, Mr. P.Roy, learned counsel for the petitioner and Mr. N.M.Lahiri, learned senior counsel assisted by Mr. N. Choudhury, learned counsel for private Respondent No. 5 and Mr. B.M. Sarma, learned counsel for Respondents No. 3 and 4 and Mr. Phukan, learned Government Advocate for Respondents No. 1 and 2.

(2.) The matter relates to the appointment to the post of Lecturer in Political Science in G.C. College, Silchar, Cachar (hereinafter referred as College). The College invited application vide an advertisement dated 12.1 .2000 stating inter-alia, that the post of Lecturer in Political is Science reserved for S.T. (P), but in case no legible S.T. (P) candidate is available the post shall be unreserved and the applications are invited simultaneously. The petitioner and Respondents No. 5 and other participated in the said selection process and the selection Committee recommended the S.T. (P) candidate. The said selection Committee also prepared and forwarded another select list wherein the petitioner and Respondent No. 5 both were shown at Serial No. 1. The post was offered to the S.T. (P) candidate and as he joined in some other College, he refused to accept the same and thereafter the matter was placed before the Governing body of the College. The relevant portion of Resolution No. 4 of the Governing Body of the College held on 30.9.2001 reads as follows:-

(3.) At the out-set the petitioner claimed that he was placed at Serial No. 1 whereas the Respondent No. 5 was placed at Serial No. 2 by the Selection Committee.