JAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this writ petition, Md. Jakir Hussain, who is working in the Assam Seeds Corporation Limited, hereinafter referred to as the Corporation, as Junior Assistant (Accounts) with effect from 28.12.87 has prayed for all or any of the following reliefs : ---

(2.) With reference to the reliefs prayed for, let us now address to the case of the petitioner.

(3.) The petitioner has controverted the advertisement dated 23.4.93 (Annexure-5) for recruitment and appointment to the post of Accounts Officer in the Corporation on the ground that appointment to various posts in the Corporation has been made from time to time on convention as there is no service Rule regulating the subject and that the Managing Director contrary to the prevalent convention notified the impugned advertisement prescribing higher qualifications for the post of Accounts Officer in excess of the powers delegated to him by the Board of Directors vide resolution adopted against Item No. 16 in its meeting dated 3.2.93. According to the petitioner, the qualification prescribed by the Managing Director in excess of powers delegated to him is arbitrary and capricious and this has operated as a clog on his candidature for the aforesaid post.