The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.

JUDGMENT :

Manish Choudhury, J.

The instant writ petition under Article 226 of the Constitution of India is preferred to assail a process of selection and appointment initiated by an Advertisement published in January, 2015 under the hand of the Commissioner of Industries & Commerce, Assam for filling up a number of vacancies in the post of Junior Assistant in different offices, to be mentioned hereinafter. The petitioner has inter-alia sought setting aside and quashing of the appointment of the respondent no. 9 in the post of Junior Assistant, made pursuant to the selection process initiated vide the Advertisement in the post of Junior Assistant, on the premise that the respondent no. 9 has been treated as an OBC candidate in the selection process. The petitioner has also sought setting aside and quashing of the appointment of the respondent no. 10 on the ground that the respondent no. 10 has been treated as an ST[P] candidate. The petitioner has also sought a direction for considering his case for appointment as Junior Assistant in the post reserved for ST[P] in the establishment of the respondent no. 6 in terms of the merit list, as advertised in the Advertisement.

2. The genesis of the challenge is an Advertisement published in the daily English newspaper, ‘The Assam Tribune’ in its issue dated 13.10.2015.

3. By the Advertisement, which was issued under the hand of the Commissioner of Industries & Commerce, Assam, Guwahati, applications were invited for filling up a number of vacancies in the post of Junior Assistant in the offices of the General Manger, District Industries & Commerce Centre, Kamrup [Metro], Shivsagar, Nagaon, Karimganj, Jorhat and the office of the Assistant Director of Cottage Industries, Sonari in the Pay Band – 2 of Rs. 5,000-20,000/- and Grade Pay of Rs. 2,200/- per month plus other allowances, as admissible under the Government Rules from time to time.

4. The relevant excerpts of the Advertisement, showing the vacancies advertised for the various offices, are extracted hereinbelow :-

5. In the Advertisement, the selection procedure to be followed was also mentioned. As per the Advertisement, the candidate would be selected through a written test and a practical test on computer, followed by oral interview. The written test paper would contain 60 marks of multiple choice questions, the practical test would contain 25 marks and oral interview would contain 15 marks. It was further mentioned that the candidate obtaining 60% and above in the written test would be qualified for the practical test. The qualifying marks in practical test was 70% of total marks earmarked of the practical test. The Advertisement further stipulated that those who were qualified in the practical test would be called for the oral interview. The final merit list would be prepared on the basis of marks obtained in the written test, the pra