PRANAB KUMAR BAIDYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) A process of selection for appointment to the post of Lower Division Assistant (LDA) in the establishment of the Deputy Commissioner, Nagaon under the provision of the Assam Ministerial District Establishment Service Rules, 1967 (hereinafter referred to as 'the 1967 Rules') was initiated in the first part of the year 1999 by notifying vacancies to the Employment Exchange, wherein the petitioners, the private respondents and others participated. On the basis of the written test as well as viva voce test conducted by the Selection Committee constituted under the provisions of the 1967 Rules, a select list selecting 28 persons including the petitioners, in order of merit, was prepared and published on 09. 06. 99 by the Deputy Commissioner, who is the Chairman of the Selection Committee with the stipulation that the list would be valid for one year and would expire on 30. 06. 2000. In the said select list the names of the petitioners appeared at Serial Nos. 21, 23, 25 and 27. But the names of the private Respondents did not find place in the said select list.

(2.) THE petitioners claiming that though they were selected for appointment as Lower Division Assistant, the Respondent authorities in spite of having vacancies, appointed only 18 persons from out of the list and also appointed the private respondents, who were never selected, filed Writ Petition (C) No. 3043/2000 during the validity of the select list, praying for setting aside the orders of appointment of the persons including private Respondents, who were not selected for appointment. The petitioners also prayed for a direction to the official respondents to appoint the petitioners in terms of their position in the select list.

(3.) THE said writ petition was disposed of by a Single Bench of this Court initially vide order dated 17. 07. 2003 by setting aside the appointments of the private respondent Nos. 3, 4, 5 and 6 in Grade-III posts in the Deputy Commissioner's amalgamated establishment, Nagaon and directing the Respondent Nos. 1 and 2, namely, the State of Assam and the Deputy Commissioner, Nagaon to consider the case of the petitioners for appointment against consequential vacancies caused.