The appellant is aggrieved by the judgment and order dated 08.04.2009 rendered in WP (C) No. 2906/2008 setting aside his appoint­ment to the post of Lower Division Assistant (for short, hereinafter referred to as 'LDA') in the office of the Executive Engineer, Water Resource Department, North Lakhimpur. The annulment was as a consequence of a challenge to the selection process by the respond­ent No. 7 herein. The appellant was arrayed as respondent No. 7 in the writ proceeding.

2. We have heard Mr. R.C. Saikia, learned counsel for the appellant; Mr. B. Goswami, learned Standing Counsel, Water Resource Department, Govt. of Assam; Mr. P.S. Deka, learned State counsel and Mr. M. Bhuyan, learned counsel for the respondent No.7.

3. The process of filling up the aforemen­tioned post was initiated pursuant to the Of­fice Order bearing Memo No. A/10(C)/05-06/621-26 dated 27.2.2008 of the Execu­tive Engineer, North Lakhimpur Water Re­source Division, North Lakhimpur. A four member Selection Committee was also con­stituted thereby to administer the selection which was to be on the basis of a written test, viva-voce and typewriting test. The post was reserved for the Scheduled