KESHAB SEAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue raised in this petition relating to appointment an promotion to the post of office Assistant (L.D.) in a deficit college. According to the petitioner he was initially appointed as an office bearer in the year 1979 and thereafter he was promoted and joined in the post of Laboratory Bearer against the sanctioned post from 1.9.81 in the Pandu College. Petitioner passed HSLC examination in the year 1976, HSSLC in the year 1991 and appeared in the B.A Part-I examination in the year 1993. The college authority invited applications from candidates having requisite qualfications for some category of post which fell vacant including the post of one office Assistant (L.D.). The petitioner questioned the above advertisment pertaining to the methology adopted for filling up of post of office Assistant (L.D.). According to the petitioner the post is to be filled up adhering the procedure of promotion as is done by the Gbvernrnent in the case of ministerial staff. Petitioner in support of its assertion turned to Assam Ministerial Establishment Service Rules 1967 embodying arrangement for promotion of the Grade-IV staff to the Grade-III (for the post of LD etc.) subject to the length of service (seven years) and educational qulification. He reeled off to the post precedents those were adhered to in the establishment itself as well as by other like deficit colleges.

(2.) The College authority, the Respondent No. 4 contested the case refuted the plead and filed its affidavit. The Respondent contended that the Assam Ministerial Establishement Service Rules, 1967 is not applicable to the Aided Colleges and the provisions of Assam Aided College Employees Rules. 1960 are applicable and appointments are made by direct recuruitment on due advertisement of the post. Petitioner also claimed that apart from fulfilling all the norsm of eligibility for the post of L.D. he is also a member of O.B.C. The Respondents countered that there are other Grade -IV employees who are senior to the petitioner and have also possesses requisite qualification who also comes from the backward strata of the society. Mr. D. Das, the learned counsel for the petitioner streneously submitted that petitioner is languishing in the same post since 1979 without any scope of further promotion . Under the Government there are rules for taking care of the aspirants of grade-IV staff. Mr. Das the learned counsel for the petitioner referred back to the provisions of Ministerial Establishment Service Rules, 1967 and submitted that it is wholesome and meaningful and in fact the procedure was adopted by the Assam Aided Colleges.

(3.) Mr. H Roy, the learned counsel appearing on behalf of the Respondent No. 4 and submitted that the Aided colleges including the Deficit Colleges are not subject to the 1967 Rules nor same is adopted by the College. It has separate rule known as the Assam Aided College Employees Rules 1960 and college authority makes appointment by direct appointment on selection upon notifying the post or posts after giving wide publicity in conformity with Article 14 of the Constitution of India. Following the past practice as well as the constitutional norms the vacant posts are advertised so that all the eligible persons can apply for the posts for consideration so that the institution can find out the best among the available candidates for appointment. Mr. Roy restated the bonafide and the legitimacy of the steps initiated by the college authority.