PULAKESH BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Jain, learned counsel for the petitioner, who is all throughout supported by Mr. B.D. Konwar, learned senior counsel. Also heard Mr. C.K. Sarma Baruah, learned Govt. Advocate for respondent nos. 1 and 2; Mr. R. Goswami, learned counsel for the respondent no.2; Mr. T.J. Mahanta, learned senior counsel, assisted by Ms. P. Sarma, learned counsel for respondent no.4 and Mr. D. Choudhury, learned counsel for respondent no.5.

(2.) On the ground that though the respondent no.5 did not possess the requisite educational qualification, she was selected by the Assam Public Service Commission and appointed to the post of District Sports Officer, under the Department of Sports and Youth Welfare, Assam, the appointment of the respondent no. 5 is assailed in this writ petition filed under Article 226 of the Constitution of India.

(3.) The Government of Assam, in its Gazette Extraordinary dtd. 13/11/2002, had published a notification no. SYW.111/89/62 dtd. 24/1/2002, issued by the Sports and Youth Welfare Department, by which pending finalization of the Service Rules to be framed under Article 309 of the Constitution of India, issued a "service order", called the Assam Sports and Youth Welfare (Recruitment and Promotion) Service Orders, 2001, which was to come into force on the date of its publication. Under the provision of Clause 8 of the said Service Order, the educational qualification prescribed for direct recruitment for the post of District Sports Officer was - "Graduate in Arts/Science/ Commerce from a recognised University with a Bachelor degree or Diploma in Physical Education (B.P.Ed.) from a recognized Physical Training Institute".