Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against a judgment and order dated 5.5.2006 passed by a Division Bench of the Guwahati High Court in Writ Appeal No.54 of 2004 whereby and whereunder the judgment and order dated 12.2.2004 passed by a learned Single Judge of the said Court was modified.

3. The basic fact of the matter is not in dispute.

The Director General of Police, Assam published an advertisement inviting applications for 112 vacancies which were likely to arise in the post of Sub-Inspector of Police on or about 6.9.1997, the relevant clauses laying down the procedures therefore, were as under :

"On selection candidates will be put through a prescribed course of training for one year at the Assam Police Training College. Dergaon and during the period of training they will be treated as cadre S.I. of Police. The cadets who fail in the final examination after training at the Police Training College will be liable to be discharged. The candidates securing top positions in the final Examination will be considered for U.B. and the rest for A.B. subject to the 20 points Roster. All candidates possessing necessary qualification will appear in a written test which will comprise of one paper of 3 (three) hours duration. Questions will be on subjects like General Knowledge, History Science, Basic Mathematics, Comprehension etc. Venue of the test will be decided by the Supdt. Of Police of the Districts in which candidates are presently residing as shown in the application form. They will contact Police Reserve of the Districts for the purpose and ascertain dates.

Those candidates who qualify in the written test will be required to appear in a physical test and interview to be conducted centrally for which date will be notified later.

The candidates will have to appear in the written test, physical test and interview at their own expenses."

4. Pursuant thereto or in furtherance thereof, appellant as also the private respondents applied therefor. They were asked by a call letter dated 18.3.1998 to appear at the written test on 25th/26th April, 1998 and physical ability test on 27th/28th April, 1998. Indisputably, the written test was held on 26.4.1998. It, however, appears that despite laying down the said procedures in the advertisement, a decision was taken by the Selection Committee to call such candidates for interview only who had acquired 40% in the written test. Call letters were issued accordingly, a sample copy whereof is as under :

"You are requested to appear in the interview to be held in the venue noted below along with original certificates.

No TA/DA would be paid for appearing in the above interview.

In case you are selected in the interview you will be called for physical test for final selection."

5. Appellants as also the private respondents amongst others appeared in the interview before the duly constituted Interview Boards. The Selection Committee short listed 1803 candidates in order of merit. The said select list is said to have been published and hung on the notice board of the office of the Director General of Police on 1.2.2000. Appellants position in the select list was 750. He obtained 32 points in the interview and 92 in the written test, total being 124 marks.

It is stated that the life of the said select list was two years.

6. Allegedly, on 2.3.2000, the Inspector General of Police requested the Home Department of the Government of Assam to obtain sanction of the State Level Empowered Committee for appointment of 174 Sub-Inspector of Police pursuant whereto the Home Department accorded sanction therefore.

7. Those candidates who were found eligible to be called for physical ability test were asked to appear therein which was held on 19.2.2000. On or about 4.7.2000, 169 candidates who had cleared the physical test/medical test were appointed on the post of Sub-Inspector of Police.

The said order, appointing the aforementioned 169 posts was not the subject matter of the