DAMIR CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) By this writ petition, the petitioner is assailing the procedure followed by the District Selection Committee for selection of the candidates for the post of Surveyor advertised in the advertisement dated 15.12.2009 and also prayed for quashing the impugned order dated 27.06.2012 for appointing the respondent No.3 to the said post of Surveyor on the recommendation of the DSC by following a procedure, which according to the petitioner, is illegal, arbitrary and contrary to the rules.

(2.) Heard Ms. SG Momin, learned counsel for the petitioner, Mr. ND Chullai, learned Sr.GA assisted by Mr. S Sen Gupta, learned GA appearing for the respondents No.1 & 2 and Mr. KC Gautam, learned counsel for the respondent No.3.

(3.) The concise fact of the case, shorn detail, sufficient for deciding the matter in issue in the present writ petition is recapitulated. The writ petitioner, after completion of H.S.S.L.C., had undergone training course in survey in Meghalaya Survey School run by the Govt. of Meghalaya, which includes chain survey for cadastral purposes, map tracing, area extraction etc. After successful completion of which, a certificate dated 27.04.2005 for the petitioner was issued by the said Institution. The Member Secretary, District Selection Committee, South Garo Hills, Baghmara (Deputy Commissioner, South Garo Hills, Baghmara) issued an advertisement being No.SGH/DSC.24/2000 -01 dated Baghmara, the 15th December, 2009 for recruitment to different posts including the post of Surveyor; and the educational qualification for the post of Surveyor is Matriculate or above and should have diploma certificate from any Govt. recognized Polytechnic Institution in survey works. The Member Secretary, District Selection Committee, South Garo Hills, Baghmara had clearly mentioned in the said advertisement dated 15.12.2009 that the candidates applying for the post shall have to take written test/viva voce test, whenever conducted by the District Selection Committee, South Garo Hills, Baghmara. There will be no TA/DA for candidates appearing for the written test/interview. In the said advertisement dated 15.12.2009, the number of posts of Surveyor advertised for recruitment was not mentioned except the name of post i.e. post of Surveyor.