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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MANISH CHOUDHURY, J.
Saurav Jyoti Parasor, S/o Mr. Hiranya Kumar Goswami And Ors - Appellant
Versus
The State Of Assam - Respondent
WP(C) 617, 744 of 2020
Decided on : 14-03-2022
Constitution of Indiua,1950 – 14,16,226 and 320[3] – Pay Scale –Appointment - Petitioners in both writ petitions having found themselves eligible in respect of criteria prescribed therein, responded to said advertisements by submitting their candidatures - 132 nos. of writ petitioners in writ petition, W.Pvied for post of Assistant Engineer [Civil] whereas 195 nos. of writ petitioners in writ petition, W.Papplied for post of Junior Engineer [Civil] - Notices were published thereafter, announcing that written examinations for posts of Assistant Engineer [Civil] and Junior Engineer [Civil] would be held separately and admit cards for same would be issued - It was further mentioned that respective syllabus for written examination in respect of both posts would be uploaded in departmental website on dates mentioned therein - After processing of applications, Public Works Department issued admit cards to candidates including petitioners, for written examinations scheduled in respect of both the posts i.e. Assistant Engineer [Civil] - Whether any of their rights under statutory provision, appointment letter or Constitution have been violated.
Finding of the Court: With regard to contentions made by the learned Senior Counsel for the petitioners in writ petition, W.P. on the basis of the averments made in additional affidavit, filed, about permitting ineligible candidates to appear and issuance of more than one admit card in name of same candidate to appear in the written examination i.e. screening test [OMR based], for the post of Assistant Engineer [Civil], it is to be noted that by Advertisement, applications were invited for filling up of 156 nos. of posts of Assistant Engineer [Civil] - As per the said advertisement, last date of submission of applications - In continuation of Advertisement Addendum was published whereby it was notified that applications would also be received for an additional 104 nos. of vacancies in post of Assistant Engineer [Civil] - In view of publication of Addendum, last date of submission of applications was extended - Commission shall also ensure that no two or more persons had appeared in name of one single individual against whom more than one admit card had been issued - Summing up, both writ petitions are dismissed.
Result : Writ petitions are dismissed.
JUDGMENT :
1. By an Advertisement dated 14.08.2018, published by the Public Works Department [PWD], Government of Assam, applications were invited for filling up 156 nos. of posts of Assistant Engineers [Civil] in the Public Works Department under Regulation 3[f] of the Assam Public Service Commission [Limitation of Functions] Regulations, 1951 [‘the APSC Regulations, 1951’, for short] in the Pay Scale of Rs. 30,000 -Rs. 1,10,000 with Pay Band : Rs. 12,700.
1.1. By another Advertisement, also dated 14.08.2018, published by the Public Works Department [PWD], Government of Assam, applications were invited for filling up 307 nos. of posts of Junior Engineer [Civil] in the Public Works Department under Regulation 3[f] of the APSC Regulations, 1951 in the Pay Scale of Rs. 14,000 - Rs. 49,000 with Pay Band : Rs. 8,700.
2. It was indicated in both the advertisements that the appointments would be purely on ad-hoc basis for a period of 4 [four] months and the details of the same could be seen in the concerned website. A common brief Advertisement dated 14.08.2018 was published.
3. As per the detail advertisements of even date published in the website, the total nos. of posts of Assistant Engineer [Civil] and Junior Engineer [Civil] were as under :
|
| Assistant Engineer [Civil] |
|
| UR | No. of Posts | 79 |
|
| RFW | 24 |
| OBC/MOBC | No. of Posts | 42 |
|
| RFW | 13 |
| STP | No. of Posts | 16 |
|
| RFW | 5 |
| SC | No. of Post | 11 |
|
| RFW | 3 |
| STH | No. of Posts | 8 |
|
| RFW | 2 |
| TOTAL | No. of Posts | 156 |
|
| RFW | 47 |
| PwD | Orthopedically Handicapped/Hearing Handicapped/Low Vision | 5 |
|
| Junior Engineer [Civil] |
| |
| UR | No. of Posts | 157 | |
|
| RFW | 47 | |
| OBC/MOBC | No. of Posts | 83 | |
|
| RFW | 25 | |
| STP | No. of Posts | 31 | |
|
| RFW | 9 | |
| SC | No. of Posts | 21 | |
|
| RFW | 6 | |
| STH | No. of Posts | 15 | |
|
| RFW | 5 | |
| TOTAL | No. of Posts | 307 | |
|
| RFW | 92 | |
| PwD | Orthopedically Handicapped/Hearing Handicapped/Low Vision | 9 | |
| RFW = Reserved for Women | PwD = Person with Disability | ||
4. The advertisements prescribed the following as educational qualifications for the posts of Assistant Engineer [Civil] and Junior Engineer [Civil] :
Education Qualification :-
(i) Bachelor Degree in Civil Engineering of an Indian or Foreign University recognised by the Government.
OR
Passed Parts A & B of the Associate Membership Examination of the Institution of Engineers [India] and possessing a certificate to that effect from the Institution of Engineers [India].
(ii) Apart from English, the candidate should have adequate knowledge of at least 1 [one] official language of the State of Assam [i.e. Assamese/Bengali/Bodo], except candidates belonging to Karbi Anglong Autonomous Council and Dima Hasao Autonomous Council.
Junior Engineer [Civil] :
Educational Qualification :
(i) Diploma in Civil Engineering from a recognised Institute.
(ii) Apart from English, the candidate should have adequate knowledge of at least 1 [one] official language of the State of Assam [i.e. Assamese/Bengali/Bodo], except candidates belonging to Karbi Anglong Autonomous Council and Dima Hasao Autonomous Council.
5. The advertisements further stated that the selection would be done on the basis of total marks obtained in the written examination and viva-voce/interview. Out of total 200 marks, 160 marks were earmarked for written examination and balance 40 marks were earmarked for viva-voce/interview. Both the detail advertisements also indicated that the Public Works Department would hold Multiple Choice Objective Type Written Examinat
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