ANUP DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Biswas, learned counsel for the petitioner. Also heard Mr. N Goswami, learned Government Advocate for the respondent Nos. 1 to 5.

(2.) The Deputy Director of Economics and Statistics, Nalbari published an advertisement on 08.08.2014 for filling up the existing vacant post of Junior Assistant in the office of the Deputy Director of Economics and Statistics, Nalbari, the respondent No. 5 who as per the requirement of the Assam Public Services (Direct Recruitment to Class-III and Class IV Posts) Rules, 1997 vide office memorandum dated 23.09.2014 constituted a five member District Level Selection Committee (DLSC) for selection of a suitable candidate for the said vacant post i.e. the respondent No. 5 along with private respondent Nos. 6,7 and 9 and another Sri Anupjyoti Bora as the Member Secretary. The petitioner applied for the said post and call letter dated 20.102014 was issued by the respondent No. 5 requiring the petitioner to appear in the written test to be held on 09.11.2014 under the allotted Roll No. 154. The result of the written test was published by the respondent No. 5 vide notice dated 12.12.2014. In the said notice leaving aside the petitioner as many as fourteen number of candidates qualified for participating in the viva-voce and computer typing test to be held on 23.12.2014. The petitioner appeared and participated in both the tests. The petitioner came across a newspaper report dated 16.05.2015 published in the local vernacular Assamese newspaper "Dainik Agradoot" wherein it is stated that as three members of the selection committee refused to put their signatures upon the final result sheet and had sealed the said result sheet in an envelope, the result of the said test could not be declared and the respondent No. 5 intimated the said fact to the higher authorities for seeking assistance. Being aggrieved, the petitioner filed this writ petition for appropriate direction to the respondents to declare the result pertaining to the selection of the sanction vacant post of Junior Assistant in the office of the respondent No. 5.

(3.) The Director of Economics and Statistics, Assam, respondent no. 4 filed his affidavit-in- opposition. Admitting the fact of holding the written test, viva-voce and computer typing test, the respondent No. 4 in the affidavit-in-opposition as per available records summarised the cause in not declaring the result as follows: