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GAUHATI HIGH COURT
A.K.Patnaik, V.K.Khanna, JJ.
Santanu Baruah and Ors.:Pranjal Sarma and Ors.: Lakshmi Kanta Barman : MD.Harun R.Ahmed : Rupjyoti Dora and Ors.: Bhaskarjyoti Purkayastha -Appellant
Versus
State of Assam and Ors. -Respondent
Writ Appeal Nos. 249, 268, 290, 291, 296, 525 and 526 of 1996 and CivilRule Nos. 5014, 5015 and 5374 of 1995 and 401, 534 and 3350
Decided On : 18-09-1996
ASSISTANT ENGINEERS (CIVIL) - SELECTION AND APPOINTMENT - PUBLIC WORKS DEPARTMENT, GOVERNMENT OF ASSAM - ISSUES RELATING TO SELECTION AND APPOINTMENT OF ASSISTANT ENGINEERS (CIVIL) UNDER THE PUBLIC WORKS DEPARTMENT, GOVERNMENT OF ASSAM - INTERPRETATION OF RELEVANT ACTS AND SECTIONS - COURT'S ANALYSIS AND CONCLUSION ON THE SELECTION PROCESS, APPOINTMENTS, AND TERMINATION OF SERVICES.
Fact of the Case:
A batch of writ appeals and Civil Rules were heard together as they involved common questions of fact and law relating to the selection and appointment of Assistant Engineers (Civil) under the Public Works Department, Government of Assam. The selection process for 35 advertised posts of Assistant Engineer (Civil) was initiated, and during the process, the Government informed the Assam Public Service Commission (APSC) about the actual number of vacancies, which varied from the advertised number. The APSC conducted a written test and viva-voce for the candidates, and based on the results, recommended candidates for the existing and anticipated vacancies, including some for future vacancies.
Finding of the Court:
1. The APSC was within its powers to hold a written test and viva-voce for selecting candidates, even in the absence of a scheme of selection prescribed by the Government under Rule 6(1)(c) of the Assam Engineering (Public Works Department) Service Rules, 1978 (the 1978 Rules). 2. The selection of more than 35 candidates for the 35 posts advertised by the APSC was contrary to law, as the APSC could only recommend candidates for the existing and anticipated vacancies, not for future vacancies. 3. The appointees under Regulation 3(f) were liable to be terminated from service after they failed to succeed in the selection conducted by the APSC, as their appointments were purely temporary pending selection by the APSC.
Issues: 1. Whether the selection of candidates made by the APSC was contrary to the Rules and arbitrary. 2. Whether the selection of more than 35 candidates for the 35 posts advertised by the APSC was contrary to law. 3. Whether the persons appointed as Assistant Engineer (Civil) under Regulation 3(f) were liable to be terminated from service after they have not succeeded in the selection conducted by the APSC or are entitled to be regularised in service.
Ratio Decidendi: 1. The APSC could hold a written test and viva-voce for selecting candidates even in the absence of a scheme of selection prescribed by the Government, as the second limb of clause (c) of sub-rule (1) of Rule 6 of the 1978 Rules empowered the APSC to do so. 2. The selection of more than 35 candidates for the 35 advertised posts was contrary to law, as the APSC could only recommend candidates for the existing and anticipated vacancies, not for future vacancies. 3. The appointees under Regulation 3(f) were liable to be terminated from service after they failed to succeed in the selection conducted by the APSC, as their appointments were purely temporary pending selection by the APSC.
Final Decision: 1. The 39 vacancies as on 31.12.94 in the posts of Assistant Engineer (Civil) in the Public Works Department were to be filled up by the candidates recommended by the APSC in order of merit. 2. The authorities were entitled to terminate the service of 3(f) appointees holding these posts to make room for the regularly selected candidates. 3. The writ appeals and Civil Rules were disposed of in terms of the order made by the Court, and the judgments rendered by the learned Single Judge were modified to the extent indicated.
2. The facts briefly are that pursuant to a requisition dated 17.6.94 of the Government of Assam, Public Works Department (for short PWD), the Assam Public Service Commission (for brevity APSC), issued advertisement No. 7/94 in 'The Assam Tribune' dated 26.11.94 inviting applications from the candidates for 35 posts of Assistant Engineer (Civil) under PWD. By the said advertisement, it was stipulated that applications were to toe submitted by the candidates to the APSC by 31.12.94. When the selection process (for the said 35 advertised posts was on, the Government of Assam informed the APSC by its letter dated 24.5.95 that the actual number of Vacancies in the postlof Assistant Eagineer (Civil) under PWD upto 31.12.94 were 39. Thereafter, on 13.8.95, a written test was conducted by the APSC for the candidates who had applied for the posts. After the said written test, the APSC wrote a letter dated 12.10.95, requesting the Government to let the APSC know about the actual number of posts of Assistant Engineer (Civil) then vacant under PWD and by letter dated 15.11.95, the Government intimated the APSC that the actual number of posts of Assistant Engineer (Civil) upto 31.12.95 under the PWD were 42. The candidates who had come out successful in the written examination were called for the viva-voce which was held from 19.11.95 to 20.11.95. Finally, by a letter dated 18.12.95, the APSC informed the Secretary of the Government of Assam, PWD, that altogether 674 candidates appeared in the written test out of which 251 were called for interview and the APSC interviewed 243 candidates (9 candidates having not turned up for the interview). In the said letter dated 18.12.95, the Commission recommended 43 names in order to merit for the 42 vacant posts and in addition recommended 108 names for future vacancies.
3. 16 candidates who were not recommended by the APSC and of whom 14 were appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation and Function) Regulations, 1951, (for short the Regulation 3(f) in the year 1994 as Assistant Engineer (Civil) under PWD filed writ petition being Civil Rule No. 4767 of 1995 challenging the selection made by the APSC and making a prayer therein that services of said 14 appointees under Regulation 3(f) should not be terminated. By judgment and order dated 23.5.96, the learned Single Judge dismissed the said Civil Rule and directed that the appointees under Regulation 3(f) shall be thrown out from the service within a period of 15 days from the date of receipt of the order by following the principle of last come first go and the candidates regularly selected shall be given appointment by strictly following the merit list. Writ Appeal No. 249 of 1996, Writ Appeal No. 268 of 1996, Writ Appeal No. 290 of 1996 and Writ Appeal No. (T) 608 of 1996 have been filed by the petitioners in the said Civil Rule No.(T) 608 of 1996 have been filed by the petitioners in the said Civil Rule No. 4767 of 1995 against the aforesaid judgment and order dated 23.5.96 of the learned Single Judge.
4. One Sri Bhibhuti Bhusan Sarma who had acquired his AMIE (Civil) degree in the year 1993 and was eligible to apply in response to the advertisement dated 26.11.94 of the APSC filed Civil Rule No. 2859 of 1996 challenging the recommendation of candidates by the APSC in its letter dated 18.12.96 beyond the 35 advertised posts and by judgment and order dated 20.6.96, the learned Single Judge disposed of the said Civil Rule with the direction that as and when 35 advertised posts are filled up; the list of candidates recommended by the APSC would stand exhausted, and the authority will issue fresh advertisement to fill up the remaining posts. Writ Appeal No. 291 of 1996 and
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