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2023 Supreme(Gau) 1004

SANJAY KUMAR MEDHI
Syed Muslimuddin Ahmed S/o Late Hormuj Ali – Appellant
Versus
State Of Assam Represented By The Secretary To The Govt. Of Assam, Water Resources Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. G Z Ahmed, Shri A. Chakraborty, Advocate.
For the Respondent:Shri. B. Goswami, Addl. Advocate General, Shri P. Kakati, Advocate

JUDGMENT :

The extra-ordinary jurisdiction of this Court conferred by Article 226 of the Constitution of India is being sought to be invoked by the petitioner, who has filed the instant petition raising the issue of fixation of seniority position and also a notification by which promotions have been made. There is a checkered history of this case which is narrated in brief in the following manner.

2. An advertisement was published on 16.02.1997 for filling up 9 posts of Engineering Supervisor (C) under the Fish Farmers Development Agencies which is stated to be under the Department of Fisheries. The petitioner being a BE(C) and eligible under the same had applied for the said posts. It is the case of the petitioner that prior to the said advertisement, another advertisement was issued on 15.09.1996 for filling up of 12 posts of Assistant Engineer (C) in the Water Resources Department (erstwhile Flood Control Department) and the petitioner had also applied against the said advertisement. The recruitment for both the advertisements was conducted by the APSC which had held a combined written examination on 10.05.1998. It is the case of the petitioner that in the select list published fo

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