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2024 Supreme(Gau) 466
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, J.
Upen Rongpi And Ors – Appellant
Versus
The Assam State Transport Corporation And Ors – Respondents
WP(C) 241 of 2015
Decided on : 23-04-2024
Advocate Appeared:
For the Appellant : MR.A ADHIKARY
In the absence of prescribed rules, the decision to fill vacancies through direct recruitment from the open market was justified.
Headnote:
Advertisement - Accounts Officer - The court examined the fairness and transparency of the process used to fill the vacancies for the post of Accounts Officer. It found that there were no prescribed rules for filling the post and concluded that the decision to fill the vacancies through direct recruitment from the open market was justified, especially considering the failure of the initial attempt to hold a written test from in-house candidates.
Fact of the Case:
The petitioners challenged an advertisement by the Assam State Transport Corporation (ASTC) for filling up 7 posts of Accounts Officer, contending that the process did not consider their seniority and was unfair.
Finding of the Court:
The court found that there were no prescribed rules for filling the post of Accounts Officer and concluded that the decision to fill the vacancies through direct recruitment from the open market was justified, especially considering the failure of the initial attempt to hold a written test from in-house candidates. The court also noted that all the petitioners had superannuated from their services.
Issues: Challenge to advertisement for filling up posts of Accounts Officer without considering seniority of petitioners.
Ratio Decidendi: In the absence of prescribed rules for filling the post of Accounts Officer, the court found the decision to fill the vacancies through direct recruitment from the open market to be justified, especially considering the failure of the initial attempt to hold a written test from in-house candidates.
Final Decision: The writ petition stands dismissed.
4 numbers of petitioners have joined together in filing this application under Article 226 of the Constitution of India putting to challenge an advertisement published in the Assam Tribune in its issue dated 13.12.2014 by the Assam State Transport Corporation (ASTC) for filling up, amongst others, 7 nos. of post of Accounts Officer.
2. The facts, as projected are that the petitioners were working as Divisional Accountant in the ASTC which according to them is the feeder cadre for the post of Accounts Officer. A drive was initiated to fill up vacant posts of Accounts Officer wherein the petitioners along with other eligible candidates were directed to appear in a written test consisting of two papers which was fixed on 31.07.2014. However, none of the candidates had participated in the said written examination and the petitioners accordingly contend that the said process was abandoned. The petitioners had also submitted a representation dated 07.07.2014 praying for consideration of their promotion on the basis of seniority. However, instead of considering the said representation, the impugned advertisement was issued whereby 7 nos. of posts of Account Officer were to be filled up by direct recruitment wherein the minimum educational qualification was also prescribed as Chartered Accountant.
3. I have heard Shri SK Singha, learned counsel for the petitioners. I have also heard Shri GN Sahewalla, learned Senior Counsel assisted by Ms. G. Duggal, learned counsel for the respondent – ASTC.
4. Shri Singha, learned counsel for the petitioners has submitted that on earlier occasions, the post of Accounts Officer was filled up on the basis of promotion by taking into account the seniority of the candidates from feeder cadre of Divisional Accountant. The said process was however not adhered to in the year 2014 as initially, a written test was sought to be held vide communication dated 30.06.2014. The said attempt had also failed and stood abandoned and therefore, it was incumbent upon the Corporation to consider the case of the petitioners for promotion on the basis of seniority in the feeder cadre. The learned counsel for the petitioners has however informed this Court that in the meantime, the petitioners have retired from their services on attaining the age of superannuation.
5. Percontra, Shri Sahewalla, learned Senior Counsel for the respondent ASTC has submitted that there were no Rules prescribed for filling up the post of Accounts Officer. Though an attempt was made by the Corporation by trying to hold a written test amongst the in-house candidates in the cadre of Divisional Accountant which include the petitioners, the petitioners chose not to participate and therefore he contends that due opportunity was granted to the petitioners for being selected for the said post. It is further submitted that since the aforesaid process initiated vide the communication dated 30.06.2014 had failed to yield any results, the 7 nos. of posts were filled up by direct recruitment wherein the minimum qualification of Chartered Accountant was prescribed taking into consideration the importance of the post. He submits that the financial health of the Corporation at that stage was not very sound and therefore, the said process had to be adopted to fill up the post. He accordingly submits that no relief can be granted to the petitioners.
6. The rival contentions have been duly considered and the materials placed before this Court have been carefully examined.
7. It is not in dispute that at the relevant point of time there were no prescribed Rules to fill up the post of Accounts Officer. Under the said situation, the concern of this Court would be to examine as to whether the vacancies were filled up by a fair and transparent process. It also appears that initially an attempt was made to fill up the post of Accounts Officer by holding a written test from the in-house candidates in the cadre of Divisional Accountant vide the communication dated 30.06.2014.
