The main legal point established in the judgment is that the select list was unenforceable due to the inclusion of over-aged and underqualified candidates, and that eligible candidates should not be disqualified due to the ineligibility of others.

Both these appeals having raised a common question of law on largely identical facts are being taken up for consideration together and are being disposed of by this common judgment.

2. This matter relates to the selection and appointment to the post of Principals in the three Medical Colleges in Assam by the Assam Public Service Commission (for short the 'Commission'). The select list prepared by the commission is under challenge in the related writ petitions. The learned Single Judge upon careful consideration of the same set aside the entire select list holding that some of the candidates selected and recommended by the Commission were found to be ineligible. -

3. The moot question requires to be answered in these writ appeals is:-

"Whether the entire select list prepared by the Commission needs be quashed and set aside when some of the recommended candidates in the said select list were found by the learned Single Judge to be ineligible owing to over-age?

4. Before adjudicating upon the issue involved, the material facts relevant for the purpose of determination of issue are briefly outlined here-in-below:-

5. An advertisement being No. 7/97 was issued by the Commission for filling up 3 (three) posts of Principal-cum-Chief Superintendent in the Medical Colleges of the State of Assam under the Health & Family Welfare (B) Department making the provision for reservation of one post each for Scheduled Tribes (Plains) and Scheduled Caste candidates with the age limit of 40 years to 54 years of age as on 1.1.97. The said advertisement is extracted hereunder:-

“…..

2. 3 (three) posts of Principal-Cum-Chief Superintendent in the Medical Colleges of the State of Assam under Health & Family Welfare(B) Department -

Reservation - ST(P) -1 No.

SC - 1 No.

Scale of pay - Rs.3825/- to 5000 p.m.

Qualification and experience :-

Recognised and registered MBBS under relevant Act with recognised Post Graduate Degree. Person holding the post of Prof, preferably Head of Department and 10 years teaching experience as Professor/Associate Professor out of which 5 (five) years should be as Professor in a Department. Age limit: 40 years to 54 years of age as on 1.1.97."

6. Pursuant to the said advertisement, the appellant in W.A. No. 27/2001 as well as respondent No. 4 in (W.P.(C) No. 5095/ 99, respondent No. 5 and respondent No. 6 in W.P.(C) No. 3945/99) applied for those posts. But the Commission did not act on the basis of the said advertisement and accordingly by another advertisement being No. 6/99 again invited application for filling up those three posts of Principal-cum-Chief Superintendent in the three Medical Colleges of Assam. The said advertisement No. 6/99 is quoted below:-

"…..

(1) 3 (three) posts of Principal-cum-Chief Superintendent the Medical Colleges of the State under Health & Family Welfare (B) Department Govt. of Assam (Re-advertisement) 1 (one) post reserved for ST(P). Scale of pay: Rs. 10,050 p.m. to Rs.15,575/-p.m.

Qualification and experience:-

Recognised and registered MBBS under relevant Act with recognised Post Graduate Degree. Persons holding the post of Professor preferably Head of Department and 10 (ten) years teaching experience as Professor/ Associate Professor out of which 5 (five) years should be as Professor in a Department of Medical College of the State.

Age:- Minimum 40 years and maximum 54 years of age as on 1.1.99.

N.B.: This is in cancellation of the earlier advertisement vide Advt. No. 7/97 item No. 2.

However, candidates who had applied earlier need not apply again)."

7. In this frestt^dvertisement only one post for ST(P) was reserved and no reservation was made for Scheduled Caste candidates as done in earlier, advertisement with a specific note that this advertisement cancelled the earlier advertisement being No. 7/97 (item No. 2) and the candidates who had applied earlier pursuant to advertisement No. 7/97 need not apply afresh. The age limit in the new advertisement was shown as:- minimum 40 years a