MD SOLEMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE challenge projected is against the notifications dated 26. 9. 2000 appointing the respondent No. 3 as demonstrator at Swahid Jadav Nath Homeopathic Medical College and Hospital, Guwahati, (hereafter referred to as the College) and terminating the petitioner's appointment thereto under Regulation 3 (f) of the Assam Public Service Commission (Limitation of Functions), 1951, (hereafter referred to as the Regulations ). The notice of the proceedings though served on the respondent No. 3, he has chosen not to contest the petitioner's assertions.

(2.) I have heard Mr. B. Chakraborty, learned Counsel for the petitioner and Mr. H. Rahman, learned State Counsel, for the official respondents.

(3.) THE petitioner claims to be a Diploma holder in Homeopathy Medicine and Surgery and thus qualified to be appointed in the post of Demonstrator in the College of Homeopathy. His pleaded case is that in November, 1993, he was appointed as a Demonstrator on honorary basis in the college. Thereafter by notification dated 20. 4. 1994 issued by the Under Secretary to the Government of Assam, Health and Family Welfare (B) Department, he was appointed as such under regulation 3 (f) of the Regulations for a period of four months or till the post was filled up on the recommendations of the Assam Public Service Commission (hereafter referred to as the Commission) whichever was earlier. The initial term of four months was thereafter extended from time to time and the petitioner continued in service without any break. Initially there were 15 regular posts of Demonstrator in the Department. In the year 1994, five new posts were created including the one held by the petitioner. Out of the existing 15 regular posts, one post fell vacant due to the demise of one of the incumbents in 1994. As the deceased belonged to the Other Backward Class (hereafter referred to as the OBC), the Government placed requisition with the Commission for filling up the five new posts and the post that had fallen vacant on the death of the OBC candidate on regular basis. Out of the six posts, four were meant for the Swahid Jadav Nath Homeopathic Medical College and Hospital, Guwahati, and the remaining two for the Assam Homeopathic Medical College, Nagaon. At the relevant time, all these posts were being held under Regulation 3 (f) of the Regulations.