RAJIB NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Chetri, learned counsel appearing for the petitioners in both these writ petitions. Also heard Mr. T. C. Chutia, learned Additional Senior Government Advocate, Assam appearing for the respondent Nos.1, 2, 3, 4 and 6 and Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam appearing for the respondent No.5. Both these writ petitions are founded on common questions of law and facts and therefore, are being disposed of by this common judgment.

(2.) The case projected in the writ petitions, briefly stated, is to the effect that the four writ petitioners in WP(C) No.5210/2008 and the five writ petitioners WP(C) No.941/2017 had participated in the recruitment process initiated by the Treasury Officer, Sonitpur for filling up 10 vacant posts of Junior Accounts Assistant and one post of Grade-IV staff in the Sonitpur District Treasury establishment for the year 2007-8. Pursuant to the letter dtd. 1/2/2007 issued by the Joint Secretary to the Government of Assam, Finance Department granting approval for conducting the recruitment process for filling up the aforesaid posts, the Deputy Commissioner, Sonitpur had written a letter dtd. 2/6/2007 requesting the Employment Exchanges of Tezpur and Biswanath Chariali to send names of eligible candidates for appointment in the vacant posts of Junior Accounts Assistant and the Grade-IV post. After receipt of the communication from the Deputy Commissioner, Sonitpur the respective Employment Exchanges had apparently forwarded the names of 190 candidates including the present petitioners by maintaining a ratio of approximately 1 : 20. As per the requirement of the provisions of Rule 13 of the Assam Treasury (Establishment) Service Rules, 1993, a Selection Board was constituted and the candidates were asked to appear in a written test held on 28/10/2007. Thereafter, the short-listed candidates were called for viva-voce tests held on 11/3/2008. According to the petitioners, they had fared well in the selection process and therefore, were expecting to get selected. However, the final result of the selection process was not published. On the contrary, due to interference of the then Minister of Irrigation, Assam, the Commissioner, North Assam Division, Tezpur had instituted an enquiry into the selection process and he had also instructed the Deputy Commissioner, Sonitpur not to make any appointment to the aforesaid posts. On conclusion of the enquiry, the Commissioner, North Assam Division had found various anomalies in the selection process. Consequently, by the order dtd. 12/11/2008, the selection process was cancelled whereafter, a fresh advertisement dtd. 29/11/2008 was issued for filling up the aforesaid vacant posts. It was only after the publication of the advertisement notice dtd. 29/11/2008 that the writ petitioners in WP(C) No.5210/2008 became aware of the decision to cancel the selection process. Accordingly, they had approached this Court by filing the above-mentioned writ petition wherein, the learned Single Judge had passed an interim order dtd. 12/12/2008 restraining the respondents from taking any further steps pursuant to the advertisement notice dtd. 29/11/2008. The said interim order is holding the field till today.

(3.) Assailing the advertisement notice dtd. 29/11/2008, WP(C) No.941/2017 was instituted by 5 (five) other aspiring candidates after a delay of more than 8 years, contending that the cancellation of the earlier recruitment process as well as the issuance of the fresh advertisement notice, were wholly arbitrary, illegal and hence, liable to be set aside.