PANKAJ MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners seek annulment of the letter No. ASE. 108/2007/76 dated 12. 12. 2007 of the Under Secretary to the Govt. of Assam (S) Department whereby the process for appointment of Lower Division Assistants in the Directorate of Secondary Education, Assam is directed to be undertaken de novo in terms of the Assam Directorate Establishment (Ministerial) Service Rules, 1973 (hereafter referred to as the 'rules') in which, they claim to have been selected for the same posts. In responding to the challenge, this Court by order dated 28. 5. 2008 while issuing notice restrained the State respondents from filling up the posts against which the petitioners had been earlier selected.

(2.) I have heard Mr. N. Dutta, Senior Advocate assisted by Mr. I. Choudhury, Advocate for the petitioners and Mr. M. R. Pathak, learned Standing Counsel, Education Department for the respondents.

(3.) SUBSEQUENT thereto, the Director of Secondary Education, Assam by his letter No. NDSR/estt/1/2005/13 dated 24. 1. 2006 forwarded a request to the Director of Employment and Craftsmen Training, Guwahati to forward the names of candidates for filling up Grade III and Grade IV posts in his Directorate. The petitioners have asserted that though by this letter the requisition to fill up only 14 posts of Assistant was made, a request for candidates for filling up 10 more posts was also made thereafter. In response thereto in all, the Department of Labour and Employment, Govt. of Assam forwarded names of 594 candidates vide letters dated 17. 2. 2006 and 22. 2. 2006 of the Assistant Director of Employment Exchange, District Employment Exchange, Guwahati to the Director of Secondary Education, Assam. In continuation of the process, the Commissioner and Secretary (S and E) Department by his letter No. ASE/21/2006/8 dated 18. 2. 2006 instructed the Director of Secondary Education, Assam to inform the said candidates of the date, time and venue of the interview as mentioned therein. According to the petitioners, 238 candidates appeared in the type writing test and interview for selection to the post of LDA. Eventually, in the meeting of the State Level Committee held on 27. 2. 2006, 24 candidates including the petitioners were recommended for appointment to the post of LD Assistant (Grade III) in the office of the Directorate of Secondary Education, Assam and the Inspector of Schools, KDC. Kamrup. Pursuant thereto, the Commissioner and Secretary to the Govt. of Assam, Education (S and E) Department by his communication No. EB/s. 358/241 dated 27. 2. 2006 while forwarding the minutes of the aforementioned meeting to the Director of Secondary Education, Assam intimated the latter to issue appointment orders to the recommended candidates mentioning the places of their posting, subject, however to observance of all necessary formalities as required as per the Rules.