Ujjal Bhuyan, J.

1. Heard Mr. P.J. Saikia, learned counsel for the petitioners and Mr. B. Gogoi, learned Standing Counsel, Finance Department. Also heard Mr. B.J. Ghosh, learned Government Advocate, Assam. Challenge made in this writ petition is to the order dated 02.03.2012 (Annexure-G), passed by the Deputy Commissioner, Karbi Anglong, cancelling the selection process for filling up vacancies in the post of Junior Accounts Assistant in the Diphu Treasury, pursuant to the advertisement dated 30.01.2012.

2. Facts of the case may be briefly noted.

3. Office of the Deputy Commissioner (Treasury Establishment), Karbi Anglong, issued an advertisement dated 30.01.2012, inviting applications from intending candidates for filling up 8 (eight) vacancies in the post of Junior Accounts Assistant. It was stated that candidates would have to appear in a written test of 3 (three) papers comprising of General English, General Mathematics and General Knowledge of 100 marks each. Short listed candidates would be called for viva voce and computer test. It was further stated that out of the 8 (eight) vacancies, 6 (six) were back log vacancies earmarked for ST (P) - 2, SC - 2 and OBC/MOBC-2. In other words, out of 8 (eight) notified vacancies, 6 (six) were backlog vacancies for reserved category candidates and 2 (two) were open vacancies earmarked for unreserved category. Petitioners belong to unreserved as well as reserved categories of ST(P), SC & OBC. They responded to the advertisement issued and submitted their applications. Written test was held on 19.02.2012. Petitioners qualified in the written test and thereafter, they were asked to appear in the interview on 27.02.2012. It appears that because of a local bandh call, the interview could not be held on 27.02.2012 and thereafter, it was held on 28.02.2012. Petitioners appeared in the interview and according to them, they had performed well. While they were waiting for declaration of result, the impugned order dated 02.03.2012 was passed cancelling the selection. Aggrieved, present writ petition has been filed

4. On 13.09.2012, this Court while issuing notice observed from a perusal of the impugned order and other documents placed on record that grounds given for cancellation of the selection prima facie did not appear to be bona fide and relevant. It was further observed that Deputy Commissioner appeared to have been influenced by extraneous factors which led to cancellation of the selection. Accordingly, operation of the impugned order dated 02.03.2012 was suspended.

5. On 29.07.2013, Smt. Catherine Terongpi, Treasury Officer, Diphu, filed an affidavit. It is stated that no post was reserved for ST (H) candidates as per the advertisement. 32 (thirty-two) candidates qualified in the written examination but there were no ST (H) candidates. Because of a bandh call on 27.02.2012 interview was scheduled on the next date, i.e. 28.02.2012. It is stated that the roster points maintained in the Treasury Office do not conform to the prevailing norms. There was also lack of transparency in the process of interview. Therefore, cancellation of selection process was done bona fidely and was justified.

6. In the reply affidavit, petitioners have stated that though there was no backlog vacancy earmarked for ST (H) candidates, a large number of candidates belonging to the local Karbi Tribe had appeared in the written test but they did not qualify for the interview. Advertisement dated 30.01.2012 was issued after consulting the roster maintained in the office of the Deputy Commissioner. There is no backlog vacancy for ST (H) category in the cadre of Junior Accounts Assistant. In fact, reservation for ST (H) candidates has already been exhausted, inasmuch as, all the roster points earmarked for ST (H) has been filled up. In such circumstances, cancellation of the selection process was not justified.

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