KUSHAL KOWAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Sarma, learned counsel appearing for the petitioners in this batch of writ petitions. Also heard Mr. D. Gogoi, learned Standing Counsel, Forest Department, Assam appearing for the official respondents and Mr. N. Gautam, learned counsel appearing for the private respondents. Ms. P. Sarma, learned counsel has appeared for the Assam Public Service Commission (APSC).

(2.) In all these writ petitions, the core issue arising for determination by this Court is pertaining to the validity of the criteria adopted by the departmental authorities for fixing the inter-se seniority amongst the Forest Rangers recruited during 1989-91. The facts and circumstances giving rise to the filing of these writ petitions are briefly stated herein below.

(3.) On 28/2/1989, the Secretary to the Assam Public Service Commission (APSC) had issued a notification inviting applications for 18 stipendiary studentship for 1989-91 Rangers Course in forestry for the State Forest Department, Soil Conservation Department and District Council at the Eastern Forest Rangers College, Kurseong which was scheduled to commence on 1stof May, 1989. In response to the said advertisement, the writ petitioners had submitted their candidature. On 20/6/1989 the APSC published the result of the competitive examination (written and interview) conducted for selection of candidates for Rangers Course in Forestry, 1989-91 containing the names of 44 candidates. On 28/7/1989, the APSC had issued a notification publishing the select list of 18 candidates for undergoing training in Rangers Course in Kurseong. The names of the writ petitioners figured in the APSC select list dtd. 28/7/1989. Accordingly, the selected candidates were subjected to training in Forestry. After completion of the training programme the 18 successful candidates including the writ petitioners were absorbed in the department as Forest Rangers. However, the names of the private respondents did not feature in the A.P.S.C. select list.