GAKUL BARUAH Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Ms. R.S. Choudhury, learned counsel for the petitioner as well as Dr. B. Ahmed, learned counsel representing respondent nos. 1, 2, 3 and 4. Having regard to the facts of the case, service of notice upon respondent no. 5 is not deemed necessary. The matter is taken up for final disposal.

(2.) By Advertisement dated 23.11.2015, applications were invited from OBC candidates for filling up a single vacant post of Power Pump Operator (PPO) in the Office of the Executive Engineer, Pathsala Division (Irrigation), Pathsala. Consequent upon selection process, the respondent no. 5 was placed at merit position no. 1 in the Select List and the petitioner followed suit at no. 2. The matter with regard to the selection of the respondent no. 5 was subjected to an enquiry on ground that he did not belong to the OBC category. The enquiry resulted in a positive finding that the said respondent no. 5 do not hail from the OBC category and, accordingly, his candidature was cancelled. Under such circumstances, the petitioner claimed that having been placed at merit position no. 2 in the Select List he is legitimately entitled to be appointed against the advertised single post of Power Pump Operator. Submission made is that the Select List dated 29.12.2015 being valid until the next 12(twelve) calendar months in terms of the provisions under the Assam Irrigation Establishment (Technical) Service Rules, 1990, the petitioner deserves appointment. The petitioner was constrained to initiate the present proceedings, firstly due to the inaction of the State Respondents to make appointment and also in view of the fact that action was contemplated to conduct a fresh selection process. The representation filed by the petitioner before the concerned authority on 12.09.2016 also did not evoke any response.

(3.) Dr. B. Ahmed submits from the affidavit-in-opposition so filed that although the petitioner was selected and placed at merit position no. 2, the petitioner's candidature for appointment was not possible in view of the Office Memorandum dated 30.03.2012 issued by the Finance Department. In so far as the respondent no. 5 is concerned, Dr. Ahmed submits that his candidature was cancelled after due enquiry on grounds that he did not belong to the OBC category. Referring to the Office Memorandum dated 30.03.2012, Dr. Ahmed submits that in terms thereof, the Govt. of Assam, Irrigation Department have issued instructions to the Heads of the Department to complete appointment process by the end of the financial year ending on 31.03.2016. In short, it is contended that the validity of approval for filling up the post of Power Pump Operator under the Executive Engineer, Pathsala was up to March, 2016. Although the petitioner may have a claim to be appointed in view of his merit position, however, the same is not possible on account of the Office Memorandum dated 30.03.2012. As regards the apprehension expressed that the respondents are contemplating to initiate fresh selection process, Mr. Ahmed submits that the said apprehension is without any basis.