RATAN CH MEDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioners have prayed for quashing the letters dated 30.7.98 and 25.9.98 issued by the Under Secretary and Deputy Secretary to the Government of Assam, Food and Civil Supplies Department to the Assam public Service Commission (in short A.P.S.C.) requesting the A.P.S.C. to recommend 16 candidates and 3 candidates respectively for the vacancies in the post of Inspector of Legal Metrology pursuant to the advertisement dated 26.11.96 and for quashing the notice dated 26.9.98 issued by the Assam Public Service Commission calling candidates for interview for vacancies in the post of Inspector of Legal Metrology beyond the quota under the Rules.

(2.) The facts briefly are that the petitioners are presently working as Assistants in the Department of Food and Civil Supplies, Government of Assam and belong to the Ministerial cadre of the Government of Assam in the said department. Under the Assam Weights and Measures Service Rules, 1981 as amended, 25% of the strength of cadre of Inspector of Legal Metrology are filled up by promotion in accordance with Rules 11 and 13 of the Assam Weights and Measures Service Rules, 1981 (In short the Rules). Further under Rule 5(b) of the said Rules 75% of the quota of Inspector of Legal Metrology is to be filled up by way of direct recruitment in accordance with Rules 6 and 17 of the Rules. For the purpose of such direct recruitment to the post of Inspector of Legal Metrology an advertisement was issued by the Assam Public Service Commission on 20.11.96 inviting applications for 7 (seven) temporary posts of Inspector of Legal Metrology, under the origanisation of Legal Metrology under the Food and Civil Supplies (A) Department. Pursuant to the advertisement several candidates including respondent Nos. 4 to 9 applied to the Assam Public Service Commission. When the selection process was on the Government of Assam in the Food and Civil Supplies Department sent a letter dated 30th July, 1998 to the Assam Public Service Commission stating therein that the vacancies in the post of Inspector of Legal Metrology has in the meanwhile increased to 16 (sixteen), and requesting the A.P.S.C. to recommend the list of candidates foe recruitments to the said 16 (sixteen) posts of Inspector of Legal Metrology. Thereafter another letter dated 25th September, 1995 was sent by the Government of Assam in the Food and Civil Supplies Department to the A.P.S.C. stating therein that 3 (three) more posts of Inspector of Metrology are likely to fall vacant due to promotion of Inspector to higher rank and requesting the A.P.S.C. to recommend 3 more candidates in addition to the 15 candidates for which the earlier communication had been sent. Aggrieved by the said two letters dated 30th July, 1998 and 25.9.98 of the Government of Assam, Food and Civil Supplies Department, the petitioners have prayed for appropriate relief.

(3.) At the hearing, Mr M.K. Choudhury, learned counsel for the petitioners submitted that it is well settled by the Supreme Court that no recommendation can be made far appointment to the posts which have not been advertised, except in exceptional circumstances. He further submitted that where recruitment is sought to make on the basis of a selection in excess of the number of posts advertised, the authorities must show to the Court the exceptional circumstances under which such recruitment is being done Mr Choudhury argued that if such recruitment in excess of the adverstised posts is allowed, the petitioners, who are waiting for their promotion to the post of Inspector of Lgal Metrology, will be affected. He pointed out that every person who is appointed by direct recruitment in excess of the advertised posts will become senior to the petitioners as and when they are promoted. He also referred to the provisions of Rule 5(b) of the Rules to show that the petitioners were entitled to a quota of the vacancies in the post of Inspector of Legal Metrology which are reserved for promotion, and that any direct recruitment in excess of the advertised posts may encroach into the said quota reserved for promotion. He produced before the Court a copy of the letter dated 18.11.97 of the Controller of Legal Metrology to the Secretary to the Government of Assam, Food and Civil Supplies Department, wherein a request has been made to make some promotion from amongst the Ministerial cadre to the post of Inspector of Legal Metrology even in relaxation of the Rules under Rule-27 of the Rules.