LAI PUROIK Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS writ petition has been filed by 16 group "d" employees working under the respondents. They have made a prayer for cancellation of alleged illegal appointments purportedly made after the expiry of the panel list prepared for the purpose. Further prayer made in this writ petition is to conduct fresh selection for promotion to group "c" cadre from group "d" cadre as per Recruitment Rules.

(2.) THE fats are not in dispute. As per the Recruitment Rules with which we are concerned in this proceeding, the post of LDC in the department is to be filled up 90% by direct recruitment and 10% by promotion from amongst the Group "d" employees. It is this 10% quota of promotion with which the present proceeding is concerned. The Recruitment Rule is called the Arunachal Pradesh Secretariat Subordinate Rules, (for short the "1989 Rules" ). Rule 9 of the 1989 Rules prescribes the percentage of reservation for promotion and direct recruitment to the post of LDC. Rule 11 of the 1989 Rules lays down the procedure for preparation of the select list. As per Rule 13 of the 1989 Rules, the select list shall ordinarily be in force for 12 months unless it is reviewed or revised under Rule 12. The requirement of Rule 12 is that the Selection Committee/ Departmental Promotion Committee shall meet at least once a year and review and revise the select list every year. Thus on both counts, the validity of the select list is normally for the period of 1 year or its expiry in absence of any review, the select list cannot be operated beyond the period of 1 year.

(3.) IN the instant case, the selection committee conducted the test for appointment to the post of LDC against the 10% quota of promotion from amongst the Group "d" employees and the select list was published vide Annexure-C, communication dated 13. 4. 2000. The select list was prepared in order of merit containing the names of 16 (sixteen) candidates. However only 4 (four) candidates could be recommended for appointment against the existing 4 (four) vacancies in the post of LDC. Thus the remaining 12 candidates will have to be treated as wait listed candidates.