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 mus