ABUL HUSSAIN Vs. GAUHATI UNIVERSITY AND ORS

JUDGEMENT

(1.) Heard Mr. M. Haque, the learned Counsel appearing for the petitioner. The Gauhati University and their Registrar is represented by Mr. L.P. Sharma, the learned Standing Counsel for the University. However, there is no representation from the side of the private respondents.

(2.) The Gauhati University issued the advertisement No. C/4/92 dated 6.6.1992 to invite application for the LDA vacancies and the petitioner offered his candidature. Following the written and the viva-voce tests, the select list was prepared on 1.1996 and in this list, the petitioner's name in order of merit, figures at Sl. No.17. The top 13 persons from the select list were then appointed within the validity period of the select list i.e. 1.1.1999. However, some of the respondents whose names figures below the petitioner, were appointed subsequently on the basis of the Resolution dated 7.4.2001 of the Gauhati University, following the recommendation of the Rationalization Committee. Accordingly those appointments made in the year 2001 have been challenged several years later in the two writ petitions filed by the aggrieved applicant i.e. Abdul Hussain.

(3.) The main ground to claim appointment of the petitioner was the appointment of persons below him, in the select list of 2.1.1996.