Judgment

Mrs. Sujata V. Manohar, J.-This appeal is from a judgment and order dated 3.8.1988 of the High Court of Gauhati setting aside the appoint­ment of the appellant as Officer on Special Duty in the Secretariat of the Assam Legislative Assembly pursuant to an advertisement dated 18.6.1985.

2. The post of an Officer on Special Duty (O.S.D.) in the rank of Joint Secretary in the Assam Legislative Assembly Secretariat was created in November, 1983. One P.N. Hazarika who was serving as Deputy Secretary in the Assam Legislative Assembly Secretariat was promoted to the post of O.S.D. so created. The post, however, fell vacant in 1985 when Hazarika was promoted as the Secretary of the Assam Legis­lative Assembly Secretariat.

3. On 18.6.1985 an advertisement was issued by the Assam Legislative Assembly Secretariat inviting applications for the post of O.S.D. in the rank of Joint Secretary. The following qualifications were pre­scribed for this post in the advertisement:-

“Candidate must be an Advocate of High Court or a pleader of a Dis­trict Court who has practised as such for at least 7 years or a Judi­cial Officer qualified to be appointed as a District or Additional District Judge. Pr