NIPUMONI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. Also heard Mr. D. Bora, learned junior Government Advocate for the respondents.

(2.) The petitioner being aggrieved by the action/inaction on the part of the respondent authorities in not appointing him as Circle Organizer, Village Defense Organization, (In short CO, VDO), Nagaon, in terms of the selection held for the said post in the year 2001 has instituted the present proceedings seeking a direction for his such appointment.

(3.) The petitioner had submitted his candidature for being considered against the post of CO, VDO, Nagaon and accordingly had appeared in the written test and interview conducted for the said post on 25/8/2001 and 2/9/2001. On conclusion of the said selection process a panel list was prepared and the same was forwarded to the Chief Controller, Village Defense Organization (In short CC, VDO), Assam, Guwahati by the District authorities on 14/9/2001 for approval. It is the contention of the petitioner that in terms of the selection process made in various districts, order(s) of appointment came to be issued to the candidates across the State of Assam, but in respect of the district of Nagaon, no such appointment came to be effected. It is the case of the petitioner that he having participated in a selection process and on selection having been included in the panel thereto, his case should have been considered for appointment in terms of his merit against the post in question and the respondent authorities having not done so and or cancelled the select list prepared, a vested right has accrued to the petitioner for being appointed as the CO, VDO, Nagaon.