MD. MOFIDUL ISLAM Vs. STATE OF ASSAM, GAUHATI)

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, the learned counsel for the petitioner and Mr. A. Chakraborty, the learned Government Advocate, Assam, for all the respondents.

(2.) The case of the writ petitioner in brief is that the respondent No. 3 issued an advertisement notifying Ex-servicemen from the Army, Navy and Air Force for filling up of all together 391 vacant posts under the PIF Scheme of the Government of India. The posts advertised included 4 posts of Inspector, 148 posts of Sub-Inspector, 120 posts of Head Constable and 119 posts of Constable.

(3.) The petitioner being eligible and qualified for the posts of Inspector and Sub-Inspector participated in the process of selection for appointment of the said posts. The combined written test of 50 marks for selection of Inspector and Sub-Inspector posts amongst other was conducted. The qualifying marks was fixed at 30% i.e. 15 out of 50 marks and the respondent authority published the merit list on 20.10.2016 (Annexure-4), whereby the petitioner was shown to have secured 36.5 marks out of total 50 marks. As per the merit list, the petitioner and another person secured the second highest marks in the written test. However, in the final select list (Annexure-5), the name of the petitioner did not find place although persons who had secured less marks than the petitioner appeared to be selected as per the merit list. Being highly aggrieved, the petitioner is before this Court.