IMPORTANT POINT
The Court established that the Governor can regulate recruitment processes under Article 309 without mandatory consultation with the Public Service Commission as per Article 320.

JUDGMENT :

[Vijay Bishnoi, CJ.] :

Heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. S. Hazarika, learned counsel for the petitioner. Also heard Mr. D. Saikia, learned Advocate General, Assam assisted by Mr. K. Gogoi and Mr. S. Das, learned Standing Counsel, Education (Higher) Department and Ms. P. Sarma, learned counsel appearing on behalf of Mr. T.J. Mahanta, learned Senior Counsel and Standing Counsel, APSC.

2. This writ petition is filed by the petitioner with a prayer to grant the following reliefs:

“In the premises aforesaid, it is therefore prayer that that Your Lordship’s would be graciously pleased to admit this Writ Petition, call for the records and issue rule, calling up the Respondents to show cause as to why:

a) a Writ in the nature of Certiorari should not be issued to set aside and quashed Notification No.ATE.165/2021/30 dated 23/06/2021 by the Higher Education (Technical) Department, Govt. of Assam constituting Assam Engineering Service Recruitment Board Regulations, 2021 as it being ultra vires of the Constitution of India.

b) A Writ in the nature of Certiorari should not be issued to set aside and quashed the Assam Technical Education Services (Amendment) Rules, 2022 amended vide its notification dated 31/05/2022 issued by the Higher Education (Technical) Department, Govt. of Assam as it being ultra vires.

c) a Writ in the nature of Certiorari should not be issued to set aside and quash selection process sought to be conducted vide Advertisement No.AESRB-01/2023 AESRB-02/2023, AESRB-03/2023 and AESRB-04/2023 dated 21.02.2023 issued by the aforesaid Assam Engineering Service Recruitment Board.

d) a Writ in the nature of Mandamus should not be issued directing the Assam Engineering Service Recruitment Board Regulations, 2021 to for bear from conducting any recruitment to the Technical Services which APSC is empowered to conduct in terms of Assam Technical Education Service Rules, 1981.

e) To issue a writ in the nature of Mandamus and/or any other appropriate order or directions to the respondent authorities not to bring the power of recruitment to the posts of Lecturer Technical and Non-Technical of the Govt. Polytechnics at Assam and Assistant Professor of Engineering Colleges under the AESRB.

f) And/or be pleased to pass such further order/orders as Your Lordships may deem fit and proper in the facts and circumstances of the case.”

3. The brief facts of the case are that the Government of Assam, Department of Higher Education (Technical) started 5(five) new Polytechnic Colleges in the State of Assam and for that purpose, in March, 2021, 260 posts were sanctioned which included Principals, Head of the Departments, Lecturers (Technical and Non-Technical), Library Staff, Workshop Staff, Administrative Staff, Supporting (Teaching) Staff, Senior Instructor (Mechanical Engineering), Junior Instructor, Scientific Assistants (Physics and Chemistry) and other Grade IV staff.

4. Advertisement No.04/2022 dated 25.02.2020 was issued by the Director of Technical Education, Government of Assam, inviting applications for filling up 120 numbers of post of Lecturer (Technical), Lecturer (Non-Technical) and Senior Instructor under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951 (hereinafter to be referred as the “Regulations of 1951”) purely on ad hoc basis for a period of 4(four) months. Out of those 120 posts, 80 posts belonged to Lecturer (Technical) and 25 posts belonged to Lecturer (Non-Technical). Pursuant to the above referred advertisement, the petitioner applied for the post of Lecturer (Technical) and was appointed on ad hoc basis and thereafter, the said ad hoc appointment continued by granting extension from time to time.

5. 04.06.2022, the Assam Engineering Service Recruitment Board (hereinafter to be referred as “AESRB”) issued an advertisement No.02/2022 inviting on-line applications for filling up 80 numbers of posts of Lecturer (Technical) in different Bran