GAYATRI SALOI Vs. GAUHATI UNIVERSITY

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned senior counsel for the petitioner.

(2.) By this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged the promotion of the private respondent Nos. 5 and 6 to the posts of Senior Library Assistant pursuant to the office order dated 27.10.2017, based on the recommendation of his Departmental Promotion Committee dated 9.10.2017 and also for restoring the seniority of the petitioner in the cadre of Library Assistant on the basis of her merit position at the time of final recruitment to the post of Library Assistant and for directing the University to hold a review DPC for promotion to the post Senior Library Assistant.

(3.) It has been submitted that the petitioner and the private respondents were recruited to the posts of Library Assistant after going through a recruitment process consisting of written test and interview. On the basis of the said recruitment process, the petitioner and the private respondents were given appointments. In the said merit list prepared by the concerned competent Selection Committee, the name of the petitioner is shown at Sl. No. 1 whereas, the names of the respondent Nos. 5 and 6 are placed at Sl. Nos. 2 and 3 respectively, as clearly evident from the report of the Selection Committee Meeting held on 5.3.2012, a copy of which has been annexed as Annexure-1 to this petition. In order words, according to the learned Senior counsel for the petitioner, the petitioner was the most meritorious candidate for appointment to the post of Library Assistant. Pursuant to the said selection, the petitioner was duly offered appointment to the post of Library Assistant vide the order dated 2.5.2012, a copy of which has been annexed as Annexure-2 to this petition. In the said offer of appointment, it has been mentioned that the petitioner was to inform her willingness to accept the offer within a period of 15 days from the date of issuance of the letter and when she would be expected to join duties in the office and if the reply is not received within the time of 15 days from the date of issuance of the letter, it would be presumed that the petitioner is not interested in the offer and the offer will be treated as withdrawn.