BHADRESWAR NARZARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Dasgupta, learned counsel for the writ petitioner, and Mr. G. Sharma, learned State counsel. I have also heard Mr. D. Baruah, learned counsel for respondent No. 5. The matter pertains to selection and appointment to the post of Revenue Sheristadar. The challenge in the writ petition is Annexure-10, i.e., minutes of the Selection Committee meeting held on 01.12.2010 by which the respondent No. 5 herein was recommended for promotion/appointment to the post of Revenue Sheristadar. The petitioner has also challenged the consequential order dated 10.12.2010 (Annexure-12) by which the respondent No. 5 was promoted as Revenue Sheristadar pursuant to the impugned selection.

(2.) The basic ground on which the petitioner has challenged the selection and promotion of the respondent No. 5 is that the Selection Committee did not have all the ACRs of all the incumbents under consideration. As per the requirement of the Assam Ministerial District Establishment Service Rules, 1967 (hereinafter referred to as 'the 1967 Rules'), the appointing authority is to obtain the Annual Confidential Reports (ACRs) for last five consecutive years along with relevant service particulars of all eligible persons for recruitment to the cadre of Revenue Sheristadar. Such records are required to be placed before the Selection Board.

(3.) There were five eligible candidates for promotion/appointment to the post of Revenue Sheristadar including the petitioner and the respondent No. 5. The Selection Committee, on the basis of the materials available on records and as were furnished to it, selected the respondent No. 5 for appointment and promotion to the post of Revenue Sheristadar making the grievance against which the petitioner has approached this Court by filing the instant writ petition.