RAMANI MALAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue which has arisen for determination before this Court in this petition filed under Article 226 of the Constitution of India pertains to a recruitment process for the post of Administrative Officer which was initiated vide an advertisement dtd. 17/12/2020 issued by the Deputy Commissioner, Baksa.

(2.) The case, as projected by the petitioner, is that he is presently working in the cadre of Supervisory Assistant and was initially inducted in the service as an LDA-cumTypist in the year 1991. The petitioner claims that he has about 30 years of service experience without any adverse remarks. The aforesaid recruitment process for the post of Administrative Officer had invited applications from candidates having 15 years of service in any establishment of the Deputy Commissioner in Assam and the last date for submission of the application was fixed on 18/1/2021.

(3.) It is the case of the petitioner that though four candidates had initially applied for the said post, after scrutiny, only two candidates had remained which included the petitioner and the respondent no. 5. The categorical case of the petitioner is that the respondent no. 5 was not eligible for consideration as he had not completed 15 years of service on the last date of submission of application. However, in spite of the same, not only the respondent no. 5 was considered, he was also selected vide the impugned order dtd. 30/7/2022. The petitioner has also contended that on merits, he is much above as he was also awarded best employee award on two consecutive years.