The main legal point established in the judgment is the importance of adhering to reservation rules and maintaining the reservation roster in appointments, as well as determining appointments based on merit and reservation principles.

Amitava Roy, J.

1. The challenge projected is against the notifications dated 26.9.2000 appointing the respondent No. 3 as demonstrator at Swahid Jadav Nath Homeopathic Medical College and Hospital, Guwahati, (hereafter referred to as the College) and terminating the petitioner's appointment thereto under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions), 1951, (hereafter referred to as the Regulations). The notice of the proceedings though served on the respondent No. 3, he has chosen not to contest the petitioner's assertions.

2. I have heard Mr. B. Chakraborty, learned Counsel for the petitioner and Mr. H. Rahman, learned State Counsel, for the official respondents.

3. The petitioner claims to be a Diploma holder in Homeopathy Medicine and Surgery and thus qualified to be appointed in the post of Demonstrator in the College of Homeopathy. His pleaded case is that in November, 1993, he was appointed as a Demonstrator on honorary basis in the college. Thereafter by notification dated 20.4.1994 issued by the Under Secretary to the Government of Assam, Health and Family Welfare (B) Department, he was appointed as such under regulation 3(f) of the Regulations for a period of four months or till the post was filled up on the recommendations of the Assam Public Service Commission (hereafter referred to as the Commission) whichever was earlier. The initial term of four months was thereafter extended from time to time and the petitioner continued in service without any break. Initially there were 15 regular posts of Demonstrator in the Department. In the year 1994, five new posts were created including the one held by the petitioner. Out of the existing 15 regular posts, one post fell vacant due to the demise of one of the incumbents in 1994. As the deceased belonged to the Other Backward Class (hereafter referred to as the OBC), the Government placed requisition with the Commission for filling up the five new posts and the post that had fallen vacant on the death of the OBC candidate on regular basis. Out of the six posts, four were meant for the Swahid Jadav Nath Homeopathic Medical College and Hospital, Guwahati, and the remaining two for the Assam Homeopathic Medical College, Nagaon. At the relevant time, all these posts were being held under Regulation 3(f) of the Regulations,

4. Accordingly the Commission issued advertisement on 14.11.1997 which clearly indicated that the four posts in the petitioner's College were meant for all categories of candidates and out of the two posts in the Nagaon College one was reserved for the general category and the other for OBC/MOBC. Responding to the advertisement, the petitioner applied along with others and on completion of the selection process on 18.2.2000, the select list of successful candidates was published by the Commission wherein, he was placed at Sl. No. 6. In terms of the apportionment of the vacancies and the extent of reservation as demonstrated by the advertisement, the petitioner was hopeful to be accommodated keeping in view his position in the select list. According to him, the five new posts were to be filled up by general candidates as per the roster points No. 16-20 identified for the general candidates, the sixth post being reserved for the OBC. However, by the impugned notification dated 26.9.2000, the respondent No. 3 who was at Sl. No. 9 below the petitioner and a ST (P) candidate was appointed and the petitioner's services were terminated. The petitioner has assailed the impugned action as violative of the roster and in super-session of his superior claim over the respondent No. 3 for the post involved.

5. The State respondents in their counter while affirming it to be mandatory to maintain the 20 point roster under the Assam Scheduled Caste and Scheduled Tribes (Reservation of Vacancy in Services and Posts), Act, 1978, and the Rules framed thereunder have pleaded that such roster is applicable for the filling up the post of Demons