BARUN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue raised in this petition under Article 226 of the Constitution of India pertains to the area of recruitment and employment under a Statutory Authority.

(2.) The petitioners, who are seven in number, were engaged as Scribes in the Board of Secondary Education; Assam, hereinafter referred to as the Board, on contract basis under the respondent No. 2 in the years 1990, 1991, 1993, 1993, 1991, 1993 and 1993, respectively, from petitioner No. 1 to petitioner No. 7. The scribes working in the Board including the petitioners moved the: Authority for their absorption on regular basis. The Board considered their prayer and finally decided that it was not possible to regularise the Scribes in their posts, however, the Board decided that the Scribes who were working in the Board for a long time, would be given a 'bonus' point for their experience in the Board when they appear in any selection test for any job under the Board vide resolution No. 89/9/ 5(ii) adopted in its meeting dated 12.2.92. The respondent No. 2, Secretary of the Board, invited applications for filling up a few posts of LDA-cum-Typist in its office vide notification No. SEBA/EST/1/90(PT) 330 dated 11th February, 1997. The petitioners who all had the requisite qualifications/ eligibility, applied for the posts, appeared in the written test and thereafter were called for interview. The petitioners accordingly appeared before the authority for interview. The respondents, however, in a most illegal fashion, rejected the candidature of the petitioners and appointed other persons in a most arbitrary and illegal manner. Hence the petition challenging the selection made by the Board vide its Memo. No. SEBA/EST/728- 44 dated 12th may, 1998 as being arbitrary and illegal.

(3.) Respondent No. 2, the Secretary of the Board, contested the case and filed its affidavit denying and disputing the allegations of arbitrariness and illegality. The respondent stated that all the petitioners were called for the interview after the written test though petitioners Nos. 1, 4 and 5. viz., Shri Barun Chandra Deka, Miss Eva Barman and Shri Hiranya Kumar Sarma, respectively, did not- qualify in the written test considering their services as Scribes with the Board. That the Board also decided to award 'bonus' points in favour of the persons who worked as 'Scribe' in the Board in the process of selection; but inspite of the bonus points awarded in favour of the petitioners, they could not secure the qualifying marks and, therefore, they could not be appointed to the posts-in-question. However, two of the Scribes find places in the Select list, viz., Shri Ramakrishna Kalita and Shri Ganesh Kalita. The Board referring to the provisions of the Regulations known as the Regulations of the Board of Secondary Education Assam, 1989, hereinafter referred to as the Regulation, 1989, stated that the said Regulations, 1989, amongst others, envisioned the procedure of recruitment. That selection to the posts of LDA-cum-Typist is made by way of direct recruitment which is made on the basis of selection test consisting of written examination and interview after due advertisement. Under the Regulations, 1989, selection for all ministerial posts, whether permanent or temporary, are made by a Selection Committee constituted by the Board on obtaining due approval from the Board. However, considering the length of the service rendered by the Scribes, the Board favourably considered their case and decided to give a bonus point/mark in their favour as and when they appear in any interview/selection test for any job including that of LDA-cum-Typist in the Board, as indicated earlier. But it appears that the petitioners could not qualify themselves in the selection process. The respondent No. 2 denied the charge of favouritism and arbitrariness. That the selection was done by a Committee consisting of a Chairman, viz., Shri Krishna Kanta Bora, the Secretary of the Board, with the Deputy Director, Employment & Craftsmen Training and the Deputy Secretary of the Board as members.