AJIT DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has challenged the order dated 27th May, 1998 of the Government of Assam in the Agriculture Department under which he was transferred from the post of Quality Control Officer (Pesticides) to the post of Assistant Agronomist (FP), Musalpur, Nalbari, and the respondent No.3 was posted in place of the petitioner as Quality Control Officer (Pesticides).

(2.) The main ground of challenge is that under notification dated 15.6.82 issued by the Government of Assam in the Agriculture Department under inter alia Section 19 of the Insecticides Act, 1968 (for short, 'Act, 1968), Quality Control Officer (Insecticides) has been appointed as Insecticides Analyst. Accordingly, any [person posted as quality control officer must have the qualifications as prescribed under Rule 21 of the Insecticides Rules, 1971, for an Insecticides Analyst. Under the said Rule 21 of the Insecticides Rules, 1971 (for short, "Rules, 1971") an Insecticides Analyst is not only to be a graduate in Agriculture or a graduate in Science with Chemistry as a special subject but must also have adequate training in analysing insecticides in a recognised laboratory. According to the petitioner's case while the petitioner has adequate training in analysing insecticides in a recognized laboratory, the resr/ondent No.3 does not have any training in analysing insecticides in a recognised labotatory and therefore cannot be posted as Quality Control Officer (Presticides or Insecti Insecticides) as any such posting would affect the publice interest inasmuch as the respondent No. 3 cannot work as Insecticides Analyst.

(3.) In view of the submission made by Mr. Roy that the respondent No. 3 did not have the requisite qualification as prescribed under the Act and the Rules to function as Insecticides Analyst, by order dated 24.7.98. this Court directed that affidavit of an officer taking full responsibility for the statement that the respondent No. 3 has the requisite qualifications under the Act and the Rules to act as Insecticides Analyst should be filed in Court, and pursuant to the said order, an affidavit of Sri Prasanta Kumar Buragohain, Under Secretary to the Government of Assam, Agriculture Department has been filed and in paragraph- 7 of the said affidavit it has been stated that the respondent No. 3 has the M.Sc.Degree (Agriculture) and has also obtained Doctorate degree in Horticulture and will undergo necessary training at the earliest opportunity like that of the petitioner.