DEBABRAT BORGOHAIN Vs. DILIP HAZARIKA

JUDGEMENT

(1.) V.K. Khanna, CJ.- These connected writ appeals and civil rules were heard together as common questions of fact and law arose for determination. On 23.S.96, after hearing all the counsel for the parties, the Court ordered that writ Appeal No. 167/96 will be treated as the leading case for the group of cases which will be headed as "Appointment to the post of Junior Engineers, P. W. D. i^Roads) - (Civil & [Mechanical).

(2.) We have heard [Mr. P.K. Goswami, Mr. A.K. Bhattacharyya, Mr. J.M. Choudhury, Mr. A.B.Choudhury, Mr. N. Dutta, Mr. B.D. Das, Kirs. N. Saikia and all the other counsel adopted the arguments raised by these counsel appearing for the petitioners/appellants, and Mr. Sheikh Chand Mohammad, learned counsel appearing for the Chief Engineer, P.W.D. (Roads) and Mr. D.K.Misra, learned counsel appearing for the private respondents.

(3.) The controversy raised in these connected appeals and civil rules relate to the recuitment to the posts of Junior Engineer (Civil) and Junior Engineer (Mechanical) in the department of Public Works (Roads), Assam. Pursuant to a requisition dated 20.7.93 sent by the Chief Engineer, P.W.D.(Roads), Assam, the Assam Public Service Commission ((A.P.S.C. for short) issued Advertisement No. 12/93 on 21.10.93 inviting applications for appointment to 32 posts of Junior Engineer (Civil) and 12 posts of Junior Engineer (Mechanicall) and the last date of submission of applications was 30.11.93. However, while the selection process was going on the Chief Engineer, P.W.D. (Roads), sent three more requisitions to the A.P.S.C. i.e., (i) letter dated 24.2.94 stating that the total number of vacancies in the post of Junior Engineer (Civil) stands at 67; (ii) letter dated 30.12.94 stating that the vacancy position increased to 168 post of Junior Engineer (Civil) and 18 posts of Junior Engineer (Mechanical) and (iii) letter dated 1S.3.9S stating that 13 further vacancies had taken place in the post of Junior Engineer (Civil) and the vacancy position in the said post as on 31.3.9S was 181.