DHANIRAM TERANG Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Chakraborty, the learned counsel for the petitioner. Also heard Mr. M.R. Adhikari, the learned Government Advocate, Assam, for the respondent Nos. 1, 2, 3 and 5 and Mr. M.P. Sarma who appears on behalf of Mr. U.K. Nair, the learned Standing Counsel, GHC, for the respondent Nos. 4 and 6. Mr. M.M. Deka, the learned counsel appears for the respondent No. 9. None appears for the respondent Nos. 7 and 8 despite service of notice.

(2.) The case of the writ petitioner is that the Chief Judicial Magistrate, Dhubri, on 03.08.2010 (Annexure-II) requisitioned eligible applicants from the Assistant Director of Employment, District Employment Exchange Officer, Dhubri, for filling up the post of 1 LD Assistant reserved for ST(H) amongst other posts. In response to the communication, the Employment Exchange sponsored the application of the petitioner as well as the respondent No. 9 besides another candidates vide communication dated 17.08.2010 (Annexure-III). The candidates were called for the written test examination on 05.09.2010 and thereafter, they were called for viva-voce test to be held on 19.12010.

(3.) Although the petitioner and the respondent No. 9 appeared for the viva-voce test, the 3rd candidate did not participate. During the process, the petitioner came to learn that the respondent No. 9 did not belong to the reserved category of ST(H) since the tribe to which he belonged i.e. Hajong community was recognized as a Scheduled Tribe and he would be in the category of ST(P) considering his place of residence. The petitioner submitted his representation to the respondents in the form of a notice through his legal counsel on 22.12.2010. However, since the respondent authorities did not make any response, the petitioner has filed the instant writ petition.