LAWS(GAU)-2004-6-35

JOYSHAB HUSSAIN LASKAR Vs. STATE OF ASSAM

Decided On June 22, 2004
JOYSHAB HUSSAIN LASKAR Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This writ petition has been filed for setting aside and quashing of the advertisement dated 25.2.2004 for the proposed selection for the six months Recorders' Certificate Class Course in Assam Survey & Settlement Training Centre, Guwahati. Total number of seats for such training has been specified as 160. It is the case of the petitioners that they had already undergone the training course in the year 1995 and are now awaiting for their appointment as "Mandal" against the vacant posts. The stand in the writ petition is that the respondents without first exploring the possibility of appointing the petitioner against the vacancies, ought not to have resorted to fresh advertisement for imparting training course and thereby to increase the number of contenders for appointment against the vacant posts.

(2.) I have heard Mr. A. M. Majumdar, learned senior Counsel appearing for the petitioner and Mr. U. K. Nair, learned counsel appearing for the respondents. Mr. Majumdar referring to Rule 20 of the Assam Survey and Settlement Training Centre (AS&STC) Rules, 1991 submitted that the impugned advertisement dated 25.2.2004 could not have been issued without first filling up the vacant posts through the petitioners and other such selected candidates who had successfully undergone the training way back in 1995. Mr. U.K. Nair, learned counsel appearing for the respondents submitted that the issue is no longer res-inte- gra in view of the judgment of this court in series of writ petitions delivered on 26.6.2002 affirmed in writ appeal No. 499/2002 and others by judgment and order dated 15.5.2003 and the order passed on 15.5.2003 in Misc. Case No. 1098/2002 in WP(C) No. 517/2002.

(3.) I have considered the rival submissions made by the learned counsel for the parties and have also perused the materials on records. Rule 20 of the aforesaid Rule reads as follows: