BOBBY SHARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner, Ms Bobby Sarma, has prayed for quashing the order dated 6.3.97 by which the respondent No. 3, Sri Rupak Kumar Gogoi, was appointed to the post of Lecturer in Master of Computer Application (for short 'MCA') and posted in Jorhat Engineering College at Jorhat.

(2.) Facts briefly are that by and advertisement No.7/94 dated 25.11.94 published in the Dainik Janambhumi applications were called for 20 posts of Lecturers in different subjects in Engineering Colleges of the State under Education (CTM) Department. By the said advertisement, percentage of reservation for SC/ST(P)/ ST(H)/OBC/MOBC was also indicated. Relevant extracts from the said advertisement relating to posts of lecturers and reservations are given hereinbelow:

(3.) Pursuant to the said advertisement, the petitioner and the respondent No. 3 amongst others applied for the posts of Lecturers in MCA. Thereafter, the Assam Public Service Commission, (for brevity, 'APSC'), conducted the selection and published a select list dated 20.12.95. In the said select list, the candidates selected and placed in the waiting list for the posts of Lecturers in MCA were as follows: LIST OF SELECTED CANDIDATES: 1. Sri Amrita Bose Paul 2. Srii Subhrajyoti Bordoloi 3. Mridusmita Barthakur LIST OF WATT-LISTED CANDIDATES: 1. Bobby Sharma (writ petitioner) 2. Rupak Kumar Gogoi (respondentNo.3) 3.UjwalaBarua In accordance with the aforesaid selection, appointment letters were issued to Sri Amrita Bose Paul, Sri Subhrajyoti Bardolioi and Mridusmita Barthakur, but while Shri Amrita Bose Paul and Sri Subhrajyoti Bordoloi joined their respective appointments as Lecturers in MCA, Mridusmita Barthakur did mat join. Since the petitioner, Ms Bobby Sharma was placed in first position in the waiting Hist, she expected that she would be appointed on cancellation of the appointment of Ms Mridusmita Barthakur. But coming to learn that instead the respondent No.3, Sri RupakKumar Gogoi, who was placed below the petitioner in the waiting list, may be appointed in place of Ms Mridusmita Barthakur, she submitted a representation to the Secretary, Higher Education, Assam against any such proposed appointment of respondent No.3. Notwithstanding the said representation, the respondent No.3 was appointed as a Lecturer in MCA and posted in Jorhat Engineering College, Jorhat, in place of Ms Mridusmita Barthakur. Aggrieved, the petitioner has prayed for appropriate relief by this writ application.