LAWS(GAU)-2013-2-2

SRI UTPAL PRASAD Vs. GAUHATI HIGH COURT

Decided On February 08, 2013
Sri Utpal Prasad Appellant
V/S
GAUHATI HIGH COURT Respondents

JUDGEMENT

(1.) The petitioners, who applied for selection for appointment in Grade-I Assam Judicial Service, by these writ petitions, have challenged the result of the selection notified on 01.12.2011, in so far as their nonselection against the post advertised. Since both the writ petitions relates to the same selection process, those are taken up for hearing and disposal together, as agreed to by the learned counsel for the parties.

(2.) An advertisement dated 18.01.2011 was issued by the Registrar (Judicial)-cum-In Charge Recruitment Cell of this Court inviting applications to fill up 16(sixteen) vacant posts (actual and anticipated) in Grade-I Assam Judicial Service by direct recruitment under the provisions of Assam Judicial Service Rules, 2003 (in short the 2003 Rules). A number of candidates, including the petitioners submitted their applications, who appeared in the preliminary examination/screening test (multiple choice questions) on 12.06.2011. 84 candidates, including the petitioners were declared as qualified for the Main (Written) Examination scheduled to be held on 30th and 31st July, 2011. The petitioners along with others appeared in the said Main (Written) Examination, result of which was declared on 29.09.2011 declaring altogether 19 candidates, including the petitioners, as qualified for the interview/viva-voce test, who accordingly appeared in the viva-voce test. The final result of the selection test was declared on 01.12.2011 selecting only 5(five) candidates, who are the private respondents in the writ petitions. Hence the present writ petitions.

(3.) We have heard Mr. D.K. Mishra, learned Sr. counsel appearing for the petitioners in WP(C) No.3364/2012; Mr. G.P. Bhowmik, learned counsel appearing for the petitioners in WP(C) No.99/2013; Mr. N. Choudhury, learned standing counsel of the High Court; Mr. K.K. Mahanta, learned Sr. counsel, Mr. A.D. Choudhury, Mr. A.M. Buzarbaruah and Mr. A. Das, learned counsel appearing for the private respondents and Mr. J. Handique, learned State counsel appearing for the State of Assam.