Amitava Roy, J.

1. The petitioners claiming themselves to be candidates belonging to various reserved categories seek to invoke the writ jurisdiction of this court to annul the selection process for appointment to the post of Junior Assistant in the establishment of Commissioner of Transport Department, Assam, We have heard Mr. YS Mannan, learned counsel for the petitioners and Mr. SS Dey, learned counsel appears for the official respondents.

2. The identicalness of the foundational facts bearing on the petitioners' remonstrance permit an abridged portrayal of the backdrop. With the impending exercise in mind, vide notification No. TMV-34/93/Pt/143, dated 27.11.2007, a Selection Committee was constituted as hereinbelow for direct recruitment to the post of LDA (re-designated as Junior Assistant) under the establishment of the Commissioner of Transport, Assam: -

(1) Commissioner of Transport, Assam -Chairman

10.01.2008

Number of post Qualifications Required Essential Desirable Reservation

Seven (7) Minimum HSLC or equivalent exam passed Capable of type writing of minimum 30 wpm in English and 20 wpm in Assamese also knowledge of computer Physical fitness including free from organic defect but subject to PWD Act, 1955 in case of PH persons. SC-1

ST(P)-1

ST(H)-1

P.H.-3

OBC/MOBC-1

20.1.2008

Number of post Qualifications Required Essential Desirable Reservation

Ten (10) Minimum HSLC or equivalent exam passed Capable of type writing of minimum 30 wpm in English and 20 wpm in Assamese also knowledge of computer Physical fitness including free from organic defect but subject to PWD Act, 1955 in case of PH persons. SC-Nil

ST(P)-1

Un Reserved-5

OBC/MOBC-4

(2) Addl. Commissioner of Transport, Assam - Member

(3) Asstt. Commissioner of Transport, Assam - Member Secretary,

(4) Under Secretary Transport Department - Representative from Government.

Vacancies for such recruitment were, thereafter, notified on 10.01.2008 and 20.01.2009 from the office of the Commissioner of Transport, Assam bearing the following particulars thereof.

3. By letters No. CST. MISC/E/48/2007/53/145, dated 10.01.2008 and No. CST. MISC. E/81/2008/20, dated 20.01.2009, the Commissioner of Transport, Government of Assam requested the Director of Employment & Craftsman Training, Assam to issue necessary instructions to all the District Employment Exchanges of the State for furnishing the names and particulars of suitable candidates to reach his office by 25.01.2008/10.2.2009 correspondingly. The letter dated 20.1.2009, in particular, indicated that the recruitment was contemplated in terms of Rule 6 of the Assam Ministerial District Establishment (Transport) Service Rules, 2001 (for short hereafter referred to as the Rules).

4. Though, on the basis of the names furnished by the various employment exchanges of the State, a written test of the eligible candidates was held followed by an interview of those who had passed the same, the petitioners herein could not participate in the process as their names were not forwarded by their respective employment exchanges, Being aggrieved, they are before this Court seeking redress.

5. In the above factual setting, some salient features pertaining to the four proceedings proposed to be disposed of deserve attention.

WP(C) No. 547/2008

Name Petitioner Nos. Community

Sri Dhiren Talukdar No. 1 Koch community/OBC

Shri Ramen Ch. Baishya No. 2 Bania Caste/SC

Both of them claimed to be eligible in terms of the notified criteria.

Pleaded Stand of the Respondents.

The selection process has been conducted strictly in accordance with the prescriptions of Rule 14 of the Rules. As reiterated by the Employment Officer, Nalbari, on the scrutiny of the relevant records, names of 20 candidates belong to SC, ST(P), OBC and physically handicapped categories were

6. WP(Q No. 3200/2008

Name Petitioner Nos. Community Name of Employment Exchange

Sri Ramen Ch. Baishya No. 1 SC Kamrup

Sri Kamal Kr. Das No. 2 SC Kamrup

Sri Jayanta Mazumder No. 3 SC Kamrup

Sri Paban Kr. Deka No. 4 SC K