NAGENDRA CHANDRA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ application has been filed for issue of a mandamus directing the respondents to appoint the petitioner as Deputy Director (Official Language Implementation) under the Political Deptt. vide the selection made by the APSC at Annexure-I, the letter dated 21.5.88. An interview was conducted and in that interview the petitioner secured the 1st position, but the Govt did not accept this recommendation and an affidavit-in-opposition has been filed wherein it has been stated that the recommendation of the APSC was not accepted and it was decided to readvertise the post to fill up the same after holding necessary interview.

(2.) The law on this point is settled that recommendation of the APSC is not binding on the authority. The authority may not accept that recommendation for bonafide reason, but (he only obligation is that it must be accepted either as a whole or it must be rejected in its entirety.

(3.) I have heard Mr. D.C. Mahanta, counsel for the petitioner and Mr. N. Dutta, counsel for the respondents. Mr. Mahanta relies in the judgment reported in (1994) 1 GLR 532 (Ramesh Singh Nath V. State of Assam & Ors.) wherein it was stated as follows: