RAMESH SHAYAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition has been preferred by Shri Ramesh Shyam and Shri Rajib Pegu for setting aside appointment of Respondents Nos. 4 and 5, and 11 other persons of Enforcement Inspectors and for issue of a writ of Mandamus commanding the respondent No.1 to appoint them as such in view of inclusion of their names in the select list dated 22/1/1997.

(2.) The writ petitioners who are Master Degree holders were selected by the Assam Public Service Commission in pursuance of an advertisement issued on 25/3/1995 for appointment to the post of Enforcement Inspectors. The petitioner No.1 who is a candidate from Scheduled Tribe-Hills occupied the 18th position while the petitioner No.2 who is a candidate belonging to Scheduled Tribe-Plains was graded 19th in order of merit. The applications were invited for 20 posts by the advertisement dated 25.3.1995. Later on, by a corrigendum, selection was confined to 14 posts to be filled up direct recruitment as 25% of the vacancies were proposed to be filled up by Departmental candidates as per amended provisions of the Assam Transport Services Rules, 1983. The Respondent No. 1 vide letter dated 14.2.1996 gave the break-up of the 14 posts in the following manner :- 5 posts ..... General Candidates 2 posts ..... S.C. Candidates 3 posts ..... S.T.P. Candidates 2 posts ..... O.B.C. Candidates 2 posts ..... S.T.-H Candidates

(3.) The petitioners contention is that altogether 30 posts of Enforcement Inspectors were available as per chart prepared on 29.5.1996 by the Transport Department. Out of the aforesaid 30 posts, 7 posts have been filled up as per recommendation of the Assam Public Service Commission vide letter dated 26.5.1995, 4 posts were filled up by promotion and 1 post was filled up by direct recruitment on the strength of the Judgment rendered in Writ Appeal No. 76 of 1996 by a candidate from the waiting list prepared by Assam Public Service Commission. Till 8.9.1997, when the impugned orders were issued, only 12 posts were held by regularly appointed candidates. The rest 18 were held by appointees under Regulation 3(f) of the Assam Public Service Commission (Limitation & Functions) Regulation, 1951. By the orders dated 8/9/1997, 14 candidates have been appointed from the select list dated 22/1/1997 under the direct recruitment quota to the exclusion of the writ petitioners although their position in the select list were at Serial No. 18th and 19th. This was done in violation of reservation policy. Thereafter, 4 posts remained vacant. 3 posts out of 4 posts belonged to direct recruitment quota and 1 to promotional quota. The posts were meant for reserved category candidates. But the authorities appointed Respondent No. 4 and 5 who are general category candidates. The petitioners have, therefore, challenged the appointment of Respondents No. 4 and 5.