PRADEEP BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY means of this writ petition, the petitioner, a reserved category candidate working in the post of Senior District Information and Public Relations Officer, has prayed for a direction to the respondents to appropriately implement the provisions of the Assam SC and ST (Reservation of Vacancies in Services and Posts) Act, 1978 and the Rules of 1983 framed thereunder. The petitioner has also questioned the legality and validity of the minutes of the Selection Committee held on 20. 8. 2005 (Annexure-3 to the writ petition) so far as the same relates to the observation regarding filling up of the promotional posts by the reserved category candidate is concerned. The petitioner has also challenged the order of promotion dated 14. 2. 2006 (Annexure-4 to the writ petition), which was issued pursuant to the said minutes of selection.

(2.) THE issue involves is in a very narrow campus. The petitioner belonging to the ST (P) category candidate, asserts that he is entitled to get the promotion to the next higher rank of Deputy Director against the carried forward roster point/vacancy.

(3.) ON the other hand, Ms. R. Chakraborty, learned Addl. Sr. Govt. Advocate, referring to the stand of the State Government in its counter affidavit, submits that no illegality has been committed in operating the roster and that on the basis of the percentage of reservation, the petitioner is not entitled to get the promotion to the post of Deputy Director.