BIPIN CHANDRA DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P.J. Phukan, the learned Counsel appearing for the petitioner. The respondents are represented by Mr. B. Goswami, the Standing Counsel for the Water Resources Department. The petitioner offered his candidature for the post of Khalasi in the Upper Assam Investigation Division of the Water Resources Department at Jorhat and since he appeared in the viva voce held on 11.12.1999 where he was asked to appear through the Call Letter dated 29.11.1999 (Annexure-F), he prays for appointment as Khalasi after notification of the select list.

(2.) The learned Counsel representing the applicant Mr. P.J. Phukan submits that since the petitioner was subjected to an interview on 11.12.1999, the aspirant has a right for due consideration for appointment and accordingly it is contended that direction be given for notifying the select list and for completing the recruitment exercise. On the belated approach of the petitioner 6 years after the viva voce, Mr. Phukan submits that a ban on recruitment was enforced by the Government since 1999 till 2005 and that is why after the recruitment ban was lifted, the petitioner has belatedly approached the Court.

(3.) Representing the respondents, the departmental lawyer Mr. B. Goswami concedes that the interview for the post of Khalasi was held on 11.12.1999 but the Counsel submits that the performance of the candidates were never notified by the Interview Board and the selection process itself was abandoned because of the ban on fresh recruitment notified by the Government on 21.12.1999. The departmental lawyer submits that by participating in the viva voce held in December 1999, the petitioner can't claim any enforceable right of appointment and accordingly the case is contended to be without any legal merit.