Point of Law: Review literally and even judicially means re-examination or re-consideration - Basic philosophy inherent in it is the universal acceptance of human fallibility.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. Heard Mr. H.K. Mahanta, learned counsel for the review petitioner. Also heard Mr. R.K. Borah, Additional Senior Government Advocate for the State respondents.

2. This Review Petition is directed against the judgment and order dated 05.5.2022 whereby the writ appeal was dismissed.

3. The facts relevant are that pursuant to an advertisement dated 03.02.2015 published in the local news paper of “Assam Tribune” advertising vacant posts of Assamese Language Reporter Grade-II in the Assam Legislative Assembly. The advertisement was issued for filling up of 8(eight) numbers of posts of Language Reporter (Assamese) Grade-II, 2(two) numbers of post of Bengali Reporter, 1(one) number of post of English Reporter, Grade-II and 3(three) numbers of Stenographer Grade-III (English). Subsequently, a corrigendum advertisement was also issued on 05.02.2015 whereby the age limit was modified. All other conditions remained the same.

4. The petitioner is an OBC candidate and in response to the advertisement he applied for the said posts of Grade-II Language Reporter Assamese. According to the petitioner, he faired very well in the interview and the speed test which was conducted by the Selection Committee. The recruitment to the said posts are governed by the Assam Legislative Assembly Secretariate (Recruitment and Conditions of Service) Rules, 1986. In terms of the said Rules, the Selection Committee was constituted which comprised of:

5. The interview was conducted on 29.10.2015 and the results were declared on 03.03.2016. The select list was hung in the notice board indicating the Roll number of the selected candidates. Pursuant to an RTI application filed by the petitioner requesting for speed test copies of the select list of the selected candidates as well as the category-wise breakup of the posts advertised pertaining to Assamese Language Reported Grade-II. As per the reply issued by the Department on 04.04.2016, it was informed that out of 12(twelve) posts 8(eight) posts were filled up by Un-reserved category, 2(two) posts by OBC category and 2(two) posts by SC category candidates. However, the speed tests copies of the selected candidates which was sought for, were refused as the same was considered to be exempted from disclosure without the consent of the third party under the RTI Act. Being aggrieved, the writ petition was filed.

6. The grievance of the writ petitioner is that under the Assam Legislative Assembly Secretariate (Recruitment and Conditions of Service) Rules, 1986, as per Rule-16, the select list after due approval by the appointing authority was required to be published in the Assam Gazette. However, the results were merely hung on the notice board which is contrary to the mandate of Rule-16. The further grievance of the petitioner is that the results were hurriedly declared on 03.06.2016 on which date the Model Code of Conduct by the Election Commission of India was already enforced and therefore, the results could not have been declared during the period when the Model Code of Conduct was in force. That apart, it was contended that there is complete nepotism, favoritism resorted to in the selections and, therefore, the impugned selections and the appointments were required to be interfered with, set aside and quashed. The writ petition came to be dismissed against which the Writ Appeal No. 01/2019 was preferred.

7. Before the Appellate Court, it was contended by the learned counsel for the appellant that the grounds urged were not given due consideration by the learned Single Judge. It was the case of the appellant before the Appellate Court that the mandate of Rule-16 of the Assam Legislative Assembly Secretariate (Recruitment and Conditions of Service) Rules, 1986 demanded that the result