Biplab Kumar Sharma, J.

THE CHALLENGE

1. The challenge in this writ petition is the selection of the Respondent No, 4 for the post of Assistant Director (Yoga) under the Sports & Youth Welfare Department, Government of Assam. The selection was conducted by the Assam Public Service Commission (APSC) pursuant to the advertisement bearing No. 3/209 dated 12.5.2009. The selection was conducted on 4.3.2010.

THE ADVERTISEMENT

2. Annexure-V to the writ petition is the advertisement. Since the whole controversy centers around the said advertisement with the allegation that the Respondent No. 4 lacked the prescribed qualification in yoga and thus could not have been called for the selection, for a ready reference the same is quoted below:

ASSAM PUBLIC SERVICE COMMISSION

Advt. No. 03/2009

NO. 253 PSC/DR 5/1/2000-2001, dated Guwahati, the 12th May, 2009

1 (One) POST of ASSISTANT DIRECTOR (YOGA) UNDER SPORTS & YOUTH WELFARE DEPARTMENT (Unreserved)

SCALE of PAY: Rs. 4120/- to Rs. 9725/- P.M. plus other allowances as admissible under the rules.

AGE: 21 yrs to 38 yrs. As on 01.01.2009. The upper age limit is relaxable by 5 years in case of SC/ST candidates.

EDUCATIONAL QUALIFICATION: A candidate must be a Degree holder in either Arts/Science/Commerce from a recognized University and must have a Degree or Diploma in Yoga from a Government/University Grants Commission recognized Physical Education Institute.

CASE OF THE WRIT PETITIONER

3. While referring to the aforesaid advertisement and the response shown by way of offering candidature, the Petitioner has questioned the very acceptance of the candidature of the Respondent No. 4 on the ground of not being qualified and eligible to offer candidature in terms of the said advertisement. According to the Petitioner, the Respondent No. 4, while responding to the advertisement and submitting application for the post of Assistant Director (Yoga) had only submitted a certificate of three months certificate course in Yoga and that too from unrecognized University of Maharastra under the name and style of Shree Hanuman Vyayam Prasarak Mandal's Yoga Nisargopachar Kendra, Amravati. According to the Petitioner, this three months course certificate did not conform to the requirement of degree or diploma in Yoga from a Government/UGC recognized Physical Education Institute.

4. So far as the qualifications of Petitioner is concerned, he is BA with Major in Political Science and has completed 15 months Yoga Diploma course from Umachal Yoga Mahavidyalaya. According to him, the said Mahavidyalaya is a Government recognized Yoga Institute and more than 25 diploma holders of the said Institute have been appointed by the Government of Assam in its various departments on regular basis. The Petitioner has also undergone three years Yoga Therapy Degree course in Sankardeva Yogashrama College Hospital Research Center at Guwahati, which is said to be Government recognized college. In the said course, the Petitioner secured first division.

5. After filing of the writ petition with the aforesaid pleas, the Petitioner filed an additional affidavit bringing on record his application dated 19.5.2010 to the State Information Commission, Assam under the Right To Information Act, 2005, by which he sought for information in respect of qualification and eligibility of the Respondent No. 4 for the said post of Assistant Director (Yoga) that was advertised by APSC as aforesaid. The Petitioner has also brought on record the letter dated 23.6.2010 (Annexure-IX) addressed to him by the Under Secretary to the Government of Assam in the Sports & Youth Welfare Department, by which, he was furnished with the information sought for in respect of selection of the Respondent No. 4 by the APSC as Assistant Director (Yoga). BY the said letter, the information relating to educational qualification of the Respondent No. 4 along with the documents including one Yoga certificate in support of the candidature of the Respondent No. 4 was furnished. For a