KAMALESWAR TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Kataki, the learned counsel appearing on behalf of the petitioners and Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Sarma, the learned counsels appearing on behalf of the respondent No.3. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the respondent Nos. 1 and 2.

(2.) The present writ petition is taken up for disposal at the motion stage itself.

(3.) The case of the petitioners herein is that the petitioners were duly selected and their names were included in a select list dtd. 3/11/2000 and more particularly, in respect to a list for future vacancies. It appears that the said select list was extended by the authorities from time to time as would appear from Annexures 3, 4, 5 and 6. In the meantime, it appears on record that a writ petition was filed being WP(C) No.8633/2003 wherein the present writ petitioner No.4 was one of the writ petitioners in the said proceedings. The said writ petition was disposed of vide an order dtd. 31/10/2009 with a direction that in case the select list dtd. 3/11/2000 is/are in force or is/are sought to be extended and the concerned departmental authorities intend to make further appointments therefrom, they would do so scrupulously following the order of merit of the candidates therein. It was further clarified in the said order that the directions so given was for the reason that the petitioners therein had approached this Court at a point of time when the select list was/were valid. It was further observed that the order should not be construed to be a direction to the respondents to appoint the petitioners and the issue is left to them to be attended to in accordance with law.