JOTIN SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is directed against the decision of the Government to fill up 51 more [posts of Assistant Engineer (Civil) in Public Works Department from out of the candidate selected by the Assam Public Service Commission (in short 'APSC') vide select list dated 19.7.2002, selection process for which was initiated in respect of the 187 vacancies by issuing advertisement dated 11.9.2001 and also for directing the State respondents not to make any appointment to the post of Assistant Engineer (civil), PWD beyond the posts advertised.

(2.) Facts in brief is that on the basis of the requisition given by the Public Works Department, Government of Assam, the APSC issued an advertisement on 11.9.2001 calling application from the in-tendinig candidates for selection against 187 posts of Assistant Engineer (Civil) in Public Works Department. Pursuant to the said advertisement the petitioners along with the present private respondents and others appeared for selection and the APSC after conducting interview recommended the names of 392 candidates for recruitment to 187 posts of Assistant Engineer (Civil) vide'its recommendation dated 19.7.2002, which was accepted by the Government, The Petitioners were not selected by the APSC for appointment against those 187 posts. The present petitioners along with another filed WPC No. 4985 of 2002 challenging the recommendation of die APSC in not selecting them for appointment which was however, dismissed. Another writ petition being WPC No. 7112 of 2002 was also filed by an association of unemployed engineers . challenging selection process conducted by the APSC which was also dismissed on withdrawal. Two persons thereafter filed WPC tyOr, J170 of 20.03 with a prayer for directing respondents therein not to fill up (anjrpost of Assistaut Engineer (Civil) beyond, 87 posts advertised, from out of the setect, list prepared by the APSC which was disposed of vide order dated 9.7.2003 on the basis of the. submission made by, the learned standing counsel, Public Works Department, to the effect that select list dated 19.7.2002 shall be operative for 187 posts of Assistant Engineer (Civil) only, which were advertised. Since the Government after filling up 187 posts of Assistant Engineer (Civil) advertised, has taken a decision to fill up 51 more posts of Assistant Engineer (Civil) beyond the post advertised, for which the selection was made, the present writ petition has been filed by the petitioner, who were not the successful candidates, challenging such action on the part of the State Government, on the ground that authority can not make any appointment to the post beyond the posts advertised, for which the selection was made, as that will effect their future right to offer their candidature against such additional posts and thereby violates their fundamental right under Article 14 and 16 of the Constitution of India. Hence the present writ petition.

(3.) I have heard Dr. B. Ahmed, learned counsel for the petitioners, Mr. S. Saikia, learned standing counsel Public Works Department appearing on behalf of the respondent Nos. 1 and 2, Mr. G. K. Bhattaqharjee, learned Sr. counsel appearing, on behalf of the respondent Nos, 3 and 4, Mr, G. N. Sahewalla, learned Senior counsel appearing on behalf of the respondent No. 5 and Mr. C. Choudhury, learned counsel appearing on behalf of the respondent Nos. 9 to 14. None appears for the respondent Nos. 6 to 8 and 15 to 18.