NURUL AMIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Petitioners have filed these writ applications under Article 226 of the Constitution of India praying for a writ in the nature of mandamus or any other writ of like nature directing the respondents to appoint the petitioners in the post of Assistant Audit Officers iN the Directorate of Audit (Local Fund), Assam, under the Finance Department of Assam forthwith and also for a direction to give adequate relief tO the petitioners.

(2.) The case of the petitioners, in brief, is as follows : Petitioners are Graduates and [have requisite qualifications to be appointed Assistant Audit Officers under the Directorate of Audit (Local Fund) in the Finance Department of Assam. The Secretary, Assam Subordinate Service Selection Board, published Annexure-I advertisement dated 26.2.91 in the local News paper inviting applications from Indian citizens, who are bonafide residents of Assam, in prescribed form for the posts of Assistant Audit Officers under the Directorate of Audit (Local Fund) Assam amongst others. Annexure-I advertisement indicates that the authority wanted to fill up the posts, then lying vacant and the post likely to be vacant in the current year. At the time of advertisement there were 43 posts of Assistant Audit Officers lying vacant, In response to the Annexure-I advertisement, petitioners submitted their applications along with others for the posts of Asstt. Audit Officers. A select list was prepared. Petitioners names appeared in the select list. A panel of 180 candidates including the petitioners was published on 19.11.93 in Assam Tribune by the Member Secretary of the Selection Board, Directorate of Audit (Local Fund), Assam, by Annexure-2. As per the merit list, names of the petitioners were shown at serial Nos. 47, 155, 111 and 48 in Civil Rule Nos. 4533/94, 174 in Civil Rule Nos. 4837/94, 64,63,61,62,68,162, 44,46,49,52,54 in Civil Rule Nos. 3978/94 and 127, 104, 101, 68, 69, 87, 88, 37, 163 and 111 in Civil Rule No. 4503/94 respectively. They were expecting appointment on the basis of the list. Out of the 180 candidates, 60 successful candidates including the candidates belonging to the Scheduled Caste and Scheduled Tribes were appointed Asstt. Audit Officers by order of appointment dated 19.5.1994. Out of these 60 successful candidates so appointed four, however, did not join. Consequently only 56 successful candidates out of the panel of 180 candidates had since joined. Police verification reports of 80 candidates including some of the petitioners had been completed, According to the petitioners, they reasonably expected that they would be appointed soon. However, appointment orders did not come to remaining candidates out of these 80 candidates, whose police verification had been over. The select list was going to expire on 19.11.94. On completion of one year from the date of publication. The petitioners, thereafter, came to know that about 35 posts of Asstt. Audit Officers were lying vacant at the time of filing of this Civil Rules. In spite of completion of police verification reports of candidates including the petitioners, appointment orders could be issued on the basis of merit as shown in the select list, however, this was not done.

(3.) The petitioners further state that some of candidates duly selected for appointment for the post submitted representations before the Chief Minister of Assam, contending, inter alia, that out of 180 candidates finally selected for the post of Asstt Audit Officers, recommendations was made for appointment of 80 selected candidates as per roster prescribed by law and there were: some more posts, which were lying vacant and to be filled up. They further contended that the authority had since filled up 60 vacant posts only keeping 20 posts still to be filled up. The Chief Minister was requested to direct the authority to appoint all the 20 candidates against the vacant posts. The petitioners also state that the Minister of State, Finance, Assam, forwarded Annexure-IV letter dated 18.6.94 to the Chief Minister of Assam, stating that the petitioners who had already been selected by the selection Board constituted by the Government, but they were not appointed though there were 20 number of posts lying vacant and their names were duly recommended by the local MLAs etc.