KULENDRA KEOT Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. N.Saikia, learned counsel for the petitioners and Mr T C Chutia, learned Junior Government Advocate, Assam.

(2.) The case of the three writ petitioners in this petition under Article 226 of the Constitution of India is that their names had been sponsored by the Mangaldoi Employment Exchange to the Department of Excise for recruitment to the posts of Excise Constable. They were then called for appearing in the written examination by letter dated 18.11.93 of the Superintendent of Excise, Mangaldoi. They took the said written examination on 12.12.93 and were thereafter called for viva voce on 10.1.94. On the basis of their performance in the written examination and viva voce they were selected amongst others and placed in the select list of candidates published on 17.1.94 for appointment to the vacant posts of Excise Constable. The petitioner No. 1, Sri Kulendra Keot was placed in 8th position in the said select list, the petitioner No. 2, Md Nazbul Hussain was placed in 9th position and the petitioner No. 3, Md Sirajul Hoque in 13th position in the said select list published on 17.1.94. The further case of the petitioner is that persons who were selected and placed above the petitioners in the select list were appointed in different posts of Excise Constable lying vacant in the office of the Superintendent of Excise, Darrang and when the turn of the petitioner No. 1 came, instead of the petitioner No. 1 placed in 8th position in the select list being appointed, respondent No. 3 who was not a matriculate and who did not appear in the interview was appointed by order dated 21.10.94 of the Superintendent of Excise, Darrang as a Excise Constable. Aggrieved, the petitioners have filed this writ petition for directing the respondent No. 2 to appoint the petitioners to the posts of Excise Constable.-

(3.) Although notice was issued in this case on 15.12.94 and time was granted thereafter to the respondents to file counter-affidavit from time to time, no counter-affidavit has been filed. When the case came up for hearing before this court on 3.8.99, this court passed orders requesting Sri T C Chutia, learned Junior Government Advocate, Assam to obtain instruction with regard to averments made in the writ petition and if necessary produce the relevant records. Mr Chutia submitted today that although he sent a communication to the concerned authority calling for instruction and the relevant records, instruction and relevant records have not been received by him. In the circumstances, I propose to hear and dispose of this writ petition on the basis of the averments made in the writ petition.