IMPORTANT POINT
The Court established that the selection process for public appointments must strictly follow the prescribed legal framework to ensure fairness and transparency.

JUDGMENT :

BUDI HABUNG, J.

1. Heard Dr. R.C. Borpatra Gohain, learned senior counsel assisted by Mr. R.D. Phukan, learned counsel for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, P&RD Department for the respondent no. 1, Ms. P. Biswas, learned counsel appearing on behalf of Mr. S. Dutta, learned counsel for the respondent no. 2, Ms. M. Bhattacharjee, learned counsel for the respondent nos. 3, 4 and 5 and Mr. T. R. Gogoi, learned counsel for the respondent no. 6.

2. The petitioner by filing this writ petition under Article 226 of the Constitution of India has assailed the impugned appointment order No. DRG 72/2021-22/243 dated 23.03.2022 issued by the Deputy Commissioner, (Revenue), Dhemaji District by which the respondent no. 6 has been appointed as Gaon Pradhan of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon.

3. The case of the petitioner is that pursuant to an advertisement No. DRG. 71/2021-22/3/4140 dated 08.12.2021 inviting applications from intending candidates for the post of Village Headman/ Gaonbura of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon, the petitioner who claims to be eligible had participated along with 2(two) other candidates. Accordingly, the name of the petitioner along with two others including the respondent No. 6 were recommended by the respondent no. 4 to the respondent no. 5 with a request to give its comment on the above candidates and to sent the report to the Office of the Deputy Commissioner, Dhemaji District, Dhemaji (respondent no. 3).

4. The learned counsel for the petitioner while referring to the rules which was published by the Gazette Notification dated 10.04.2018 namely the executive instructions under the Assam Land Revenue Regulation, 1886 (Amendment), 2018 has referred to sub clause 2 of rule 3 to the provisions concerning such recruitment which stipulates that the selection be made by a selection board consisting of the: (i) Deputy Commissioner/Principal Secretaries of Autonomous Council areas; (ii) Additional Deputy Commissioner (Revenue)/ Joint Secretary (Revenue) in council district; (iii) Circle Officer of the Revenue Circle within which the Goanbura area is located.

5. It is the specific case of the petitioner that the private respondent no. 6 was selected arbitrarily without following the selection process for constitution of a selection board as envisaged by the said notification. Hence, prays for setting aside and quashing of the said impugned appointment order of the respondent no. 6 dated 23.03.2022 and to direct for fresh selection for the post of Gaon Pradhan as per the selection procedure laid down in the Assam Land Revenue Regulation 1886 based on the list forwarded pursuant to the earlier advertisement.

6. On the other hand, both the learned counsels for the respondent nos. 3, 4 and 6 respectively while referring to the affidavits filed by them defended the appointment of the respondent no. 6 and submitted that the selection process of the appointment of Gaon Pradhan of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon was done after adopting due selection process as prescribed under the Assam Land Revenue Regulation Act, 1886. However, the learned counsel for the respondent No. 3 & 4 fairly submitted that the interview could not be conducted due to the Covid-19 pandemic. The learned counsels for the respondents further submitted that there is a provision under the Executive Instruction No. 162 C, whereby it is provided that an appeal against the order of appointment, suspension and dismissal of Gaon Burah by the Deputy Commissioner/Principal Secretaries of Autonomous council areas shall lie to the Provisional Commissioner within a period of 60 days from the date on which the appellant receives a copy of the order. In view of the above provisions, the petitioner has no right to challenge the selection order of the respondent no. 6 by way of filing writ petition under Article 226 of the Constitution of India before exhausting the a