BULBULI BORTHAKUR Vs. ASSAM PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this writ petition under Art. 226 of the Constitution of India, the Petitioner has prayed for quashing the recommendation in favour of Respondent No. 3 by the Assam Public Service Commission in its letter dated 3rd Sept., 1993 (Annexure-B) for the post of Grade-IV of the Assam Legal Service and for directing the Government of Assam, Judicial Department to appoint the Petitioner to the said post.

(2.) The brief facts of the case as stated in the writ petition is that by an advertisement published on 24th Sept' 92, the judicial Department of Govt. of Assam invited applications for two posts in Grade-IV of the Assam Legal Service and in the said advertisement the qualification for the raid post was as follows:

(3.) The Petitioner's case in this writ petition is that as per the aforesaid advertisement an advocate who has been practising for atleast 3 years is eligible for being Considered for appointment, but the Respondent No. 3 has not been practising as an Advocate for the period of 3 years, but has been serving under the Assam Financial Corporation, Guwahati since Aug., 1993. Accordingly his name should not have been recommended at all for the second post of Grade-IV, Assam Legal Service and the Petitioner being in the 1st position of the waiting list as recommended by the Assam Public Service Commission, is entitled to be considered for appointment to the said post by the State Government. By a representation dated 2nd Oct., 1993 (Annexure-C) the Petitioner brought this fact about the ineligibility of the Respondent No. 3 to the notice of the Chief Minister of Assam and requested him to cancel the selection of the Respondent No. 3 and consider her case but the said representation did not yield any results. Hence this writ petition.