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2008 Supreme(Gau) 382

I.A.ANSARI
Pulakesh Baruah – Appellant
Versus
State of Assam – Respondent


JUDGMENT

I.A. Ansari, J.

1. Heard Mr. B.K. Bhattacharjee, learned Counsel for the petitioners, and Mr. B.J. Talukdar, learned Government Advocate, appearing on behalf of the respondent No. 1. Heard also Mr. T.C. Chutia, learned Standing counsel, APSC, appearing on behalf of the respondent Commission.

2. By an advertisement, dated 10.07.2007, applications for filling up of six posts of District Sports Officers were invited by the respondent No. 2, namely, Assam Public Service Commission. The present petitioners, amongst the others, applied for selection and appointment to the said posts. On completion of the selection process, a select list was published by the respondent No. 3 on 28.05.2008. The select list shows that all the six posts were filed up by the candidates from reserved category, though the advertisement clearly stated that two posts were reserved for the candidates of Scheduled Caste and one post for the candidates of Scheduled Tribe (Hills) meaning thereby that the remaining three posts were 'unreserved'.

3. The grievance of the petitioners is that the said three 'unreserved posts' were meant for the candidates of general category, but these posts have been filled up by th





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