SANTANU BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This batch of the writ appeals and Civil Rules were heard together as they involved common questions of fact and law relating to the selection and appointment of Assistant Engineers (Civil) under the Public Works Department, Government of Assam.

(2.) The facts briefly are that pursuant to a requisition dated 17.6.94 of the Government of Assam, Public Works Department (for short "PWD"), the Assam Public Service Commission (for brevity 'APSC'), issued advertisement No. 7/94 in "The Assam Tribune" dated 26.11.94 inviting applications from the candidates for 35 posts of Assistant Engineer (Civil) under PWD. By the said advertisement, it was stipulated that applications were to be submitted by the candidates to the APSC by 31.12.94. When the selection process for the said 35 advertised posts was on, the Government of Assam informed the APSC by its letter dated 24.5.95 that the actual number of vacancies in the post of Assistant Engineer (Civil) under PWD upto 31.12.94 were 39. Thereafter, on 13.8.95, a written test was conducted by the APSC for the candidates who had applied for the posts. After the said written test, the APSC wrote a letter dated 12.10.95. requesting the Government to let the APSC know about the actual number of posts of Assistant Engineer (Civil) then vacant under PWD and by letter dated 15.11.95, the Government intimated the APSC that the actual number of posts of Assistant Engineer (Civil) upto 31.12.95 under the PWD were 42. The candidates who had come out successful in the written examination were called for the viva-voce which was held from 20.11.95 to 19.11.95. Finally, by a letter dated 18.12.95, the APSC informed the Secretary to the Government of Assam, P.W.D., that altogether 674 candidates appeared in the written test out of which 251 were called for interview and the APSC interviewed 243 candidates (9 candidates having not turned up for the interview). In the said letter darted 18.12.95, the Commission recommended 42 names in order of merit: for the 42 vacant posts and in addition recommended 108 names for Future vacancies.

(3.) 16 candidates who were not recommended by the APSC and of whom 14 were appointed under Regulation 3(0 of the Assam Public Service Commission (Limitation and Function) Regulation, 1951, (for short "the Regulation 3(f)") in the year 1994 as Assistant Engineer (Civil) under PWD filed writ petition being Civil Rule No. 4767/95 challenging the selection made by the APSC and making a prayer therein that services of said 14 appointees under Regulation 3(f) should not be terminated. By Judgment and order dated 23.5.96, the learned single Judge dismissed the said Civil Rule and directed that the appointees under Regulation 3(f) shall be thrown out from the service within a period of 15 days from the date of receipt of the order by following the principle of last come first go and the canditates regularly selected shall be given appointment by strictly following the merit list. Writ Appeal Mo. 249/96, Writ Appeal No. 268/96, Writ Appeal No. 290/96 and Writ Appeal No. (T) 608/96 have been filed by the petitioners in the said Civil Rule No. 4767/95 against the aforesaid Judgment and order dated 23.5.96 of the learned single Judge.