KAKUMONI BORAH Vs. STATE OF ASSAM AND ORS

JUDGEMENT

(1.) Heard Mr. Niloy Dutta, the learned Senior Counsel assisted by Mr. N. Borah, for the petitioner. Also heard Mr. B. Gogoi, the learned Standing Counsel, Health Department who appears for the respondent Nos. 1 to 5. None appears for the respondent Nos. 6 to 9 though they each have filed affidavit-in-opposition.

(2.) The case of the petitioner in brief is that she belongs to the Other Backward Class (OBC) community. She passed Higher Secondary School Leaving Certificate Examination and also obtained diploma type-writing certificates in English, Assamese and Hindi. She also obtained Post Graduate Diploma in Computer Software Application. The Director of Health Services (FW) (Respondent No. 2) issued an advertisement in the local daily 'Amar Asom' on 28.07.2009 (Annexure-B) inviting applications from interested and eligible candidates for filing up 4 (four) posts of Lower Division Assistant (LDA) under the Directorate of Health Services (FW) . Out of the total 4 (four) posts advertised, one post each was reserved for Scheduled Tribe (Plain) (ST (P) ) , Other Backward Class/More Other Backward Class (OBC/MOBC) , Scheduled Class (SC) and Unreserved/General category. The advertisement further mentioned 30% reservation of the vacancies of the posts as per Women's Reservation Act, 2005.

(3.) The petitioner responded to the advertisement and was issued a call letter on 08.07.2010 (Annexure-C) by the respondent No. 5 asking her to appear for a written test scheduled to be held on 01.08.2010. The petitioner got through the written test was asked to appear before the Interview Board for viva voice test scheduled for 15.09.2010. There were altogether 22 (twenty-two) candidates including the writ petitioner who were called for the viva voice test. According to the petitioner she performed well in the viva voice test and was waiting for the results to be declared. However, no results were declared and the petitioner having come to learn that the respondent authorities had made appointments to the 4 (four) LDA posts without publishing a select list, submitted an application under the Right to Information Act, 2005 (RTI Act) through her counsel on 08.11.2012 seeking necessary information.