U.B. Saha, J.

1. The instant appeal is filed, against the judgment and order of the learned Single Judge dated 29.6.2010 passed in WP (C) 3680 of 2009 which was heard along with WP (C) 5444 of 2008, WP (C) 4965 of 2009 and WP (C) 4966 of 2009 whereby and whereunder the writ petition of the present Appellant was dismissed along with other writ petitions.

2. As according to us, when in the appeal there is not much merit, it would not be proper to dismiss the appeal on technical ground of condonation of delay, before taking up the instant appeal for admission hearing. We have condoned the delay of 74 days in filing the present appeal and taken up the writ appeal for admission hearing.

3. Heard Mr. K.P. Sarma, learned senior counsel assisted by Mr. K.R. Patgiri, learned Counsel for the Appellant as well as learned Government Advocate, Assam for the State Respondents.

4. The Appellant herein, who obtained her Bachelor of Arts Degree from Lumding College under Gauhati University in the year 1995 and successfully completed MS-OFFICE from National Vocational School, New Delhi-21 and has also completed a Diploma, in Manual typing (Assamese) as well as in English and belongs to scheduled caste community, being fully qualified for the post of Junior Assistant in the Office of the Heads of Departments of Assam, pursuant to advertisement dated 7.3.2007 (Annexure 7 to the writ petition) submitted her candidature along with others.

5. Upon receipt of the application of the Appellant, the Respondent authority issued the Admit card (Annexure 8A to the writ petition) in favour of her wherein she was asked to appear in the written examination on 23.3.2008 which she received accordingly and ultimately appeared in the written examination. The result of the written examination was declared on 30.11.2008 by the Director of Employment and Craftsman Training, Assam, Respondent No. 3 herein, in the loca1 daily the "Tribune" and the successful candidates were called for type writing and computer test as well as for viva voce test scheduled to be held on 17th, 18th and 19th of December, 2008.

6. Through according to the Appellant, she had fared well in the written examination and having regard to her academic qualification and performance she ought to, have qualified for the next segments of the selection process but to her shock and surprise the results disclosed otherwise, i.e., her name did not find place in the result of the written examination and, thus, she was not called for type writing, computer test and viva voce. As such, being highly aggrieved, the Appellant and another filed a writ petition which was registered as WP (C) 3860 of 2009 wherein they questioned the selection process and also prayed for invalidating the same on the following grounds, which were noted by the learned Single Judge in his judgment and would be evident from para 8 and 9 of the writ petition:

(a) To the knowledge of the Petitioners in any advertisement number of posts vacant is required to be mentioned but whereas in the advertisement issued by the Director of Employment Craftsmen Training, Assam, Rehabari, Guwahati-08 dated 7.3.2007 for the post of Junior Assistant in all Heads of Department of Assam there was no mention of number of posts. And further there was no mention of any reservation policy for ST/SC/Women.

(b) In some of the admit cards issued by the Director of Employment Craftsmen Training, Assam, Rehabari, Guwahati-08 the venue of the written examination is not mentioned. And further, many candidates have not received admit cards for which they made complaint because of which the Director of Employment Craftsmen Training, has to publish notice in newspaper to collect admit cards from Employment Exchange.

(c) That the total numbers of admit cards issued were 20,103 but only 10,103 candidates received admit cards. Further, for issuing admit cards as a rule certificate of posting is required to be adopted but here ordinary posted service was adopted for issuin