Point of Law : If in the opinion of the Court matter is of only academic exercise and would not serve any real purpose in adjudicating the matter, Court need not undertake to adjudicate such matter.

JUDGMENT :

1. Heard Mr. P. K. Goswami, learned Senior Advocate, Mr. S. N. Sarma, learned Senior Advocate, assisted by Mr. K. Kalita, learned counsel for the writ petitioner. Also heard Mr. R. Dev. Choudhury, learned Senior Government Advocate, Assam, Mr. G. Choudhury, Standing Counsel, Assam Public Service Commission (APSC), Mr. S. Chamaria, learned counsel for the private respondent No. 3 and Mr. N. Dutta, Senior Advocate, assisted by Mr. M. Das, learned Advocate for the private respondent No. 7/10.

2. Matter pertains to promotion to the post of Controller of Legal Metrology, Assam under the Food Civil Supplies and Consumer Affairs Department of the State disregarding the better claim of the petitioner Sachindra Nath Baishya, Joint Controller of Legal Metrology (Standard Laboratory) and promoting the respondent Sri Nirmal Chandra Taid, Joint Controller of Legal Metrology (Administration) to the said post, who is junior to the petitioner in service.

3. While he was serving as Joint Controller of Legal Metrology (Standard Laboratory), Assam by order dated 30.11.2018 the authorities in the Food Civil Supplies and Consumer Affairs Department of the State allowed the petitioner to hold the current charge of Controller of Legal Metrology, Assam.

4. Certain complaints have been raised against him questioning the genuineness of his Caste Certificate so as to deprive him from promotion to the post of Controller of Legal Metrology without proceeding the required enquiry in that regard as contemplated under the law [Kumari Madhuri Patil Vs. Additional Commissioner reported in (1996) 6 SCC 241].

5. The Court by order dated 22.11.2010 passed in WP(C) No. 5684/2010, wherein he was respondent No.4, observed that the petitioner belongs to Schedule Caste community. As the respondent authorities did not take any step for filling up of the vacant post of Controller of Legal Metrology, Assam by holding the required DPC and was dilly dallying the matter, the petitioner preferred writ petition being WP(C) No. 2506/2019. The Court after hearing the matter by order dated 11.04.2019 disposed of said WP(C) No. 2506/2019 directing the respondent authorities in the Food Civil Supplies and Consumer Affairs Department of the State to verify the claim of the petitioner and if such claims of the petitioner are found to be correct, to proceed to hold the promotion of the petitioner to the highest post of Controller of Legal Metrology in the said department observing that such promotion shall be subject to any decision that may be arrived at by the competent authority pertaining to the Caste Certificate of the petitioner with the further observation that as the petitioner is the senior most officer in the Department, he shall be allowed to hold the post of Controller of Legal Metrology in terms of the order dated 30.11.2018 (noted above) till appropriate order is issued for promotion.

6. Assam Anusuchit Jati Yuba Chatra Santha preferred a Review Pet. No. 109/2019 against the order dated 11.04.2019 passed in WP(C) No. 2506/2019 that was preferred by the petitioner. The Court after hearing the said review petition by order dated 13.06.2019 dismissed the same.

7. By Notification dated 04.12.2019 the Principal Secretary to the Government of Assam in the Food Civil Supplies and Consumer Affairs Department temporarily promoted Nirmal Ch. Taid, respondent No.7, Joint Controller of Legal Metrology, to the post of Controller of Legal Metrology (CLM), Assam under Regulation 4 (d) of the Assam Public Service Commission (Limitation and Functions) Regulations, 1951 w.e.f., 04.12.2019. Being aggrieved, the petitioner challenged the said promotion of the respondent No. 7 in WP(C) No. 9109/2019.

8. Being aggrieved with said promotion of the respondent No.7 pursuant to the impugned notification dated 04.12.2019, the petitioner preferred a writ petition, being WP(C) No. 91019/2019 and the Court after hearing the matter by order dated 06.12.2019 suspended the said notification d