IMPORTANT POINT
The select list for promotions under the Assam Local Fund Audit Service Rules loses validity after 12 months, prohibiting further promotions based on it.

JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. M. Ahmed, learned counsel for the writ petitioners in WP(C) 9305/2019 and WP(C) 1993/2020. Also heard Mr. I. Choudhury, learned senior counsel assisted by Mr. R. Singha, learned counsel for the petitioners in WP(C) 4999/2024 who are also the private respondents in the other two writ petitions. Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam and Ms. P.Sarma, learned Standing Counsel, APSC, are present on behalf of the official respondents.

2. Common question of law and facts are involved in all these three writ petitions. Therefore, all the three writ petitions are taken up together for consideration.

3. The writ petitioners in all the three writ petitions are serving in the Audit (Local Fund) Branch under the Government of Assam, Finance (Estt-B) Department. As per Rule 17 of the Assam Local Fund Audit Service Rules , 1995, as amended, (herein after referred to as the Rules of 1995), the writ petitioners in all the three writ petitions were eligible for being considered for promotion to the next higher rank of Audit Officer (Local Fund) upon completion of 3 years of service in their present position. Rule 17(1) of the Rules of 1995 prescribes that 75 percent of the vacancies arising in a year in the cadre of Audit Officer is to be filled up by way of promotion of Assistant Audit Officers in a departmental examination called “Assam Local Fund Audit Service (Promotion) Examination”. Accordingly, the Assam Public Service Commission (APSC) had issued an advertisement notice dated 03/05/2018 inviting applications for the Assam Local Fund Audit Service (Promotion) Examination for filling up 32 numbers of vacant posts of Audit Officer (Local Fund). The 32 vacancies of Audit Officers, so advertised, included 3 posts reserved for the ST(P) category and 4 posts for the ST(H) category, thus, leaving 25 posts for the general category.

4. Rule 17 of the Rules of 1995, prescribes the criteria for promotion of Audit Officers through departmental examination. As per Rule 17(2), an Assistant Audit Officer who has completed 3 years of service in the rank of Assistant Audit Officer, on the first day of the year of recruitment, would be eligible to be considered for promotion.

5. Pursuant to the advertisement notice dated 03/05/2018, as many as 80 eligible candidates had submitted their candidature. Upon conclusion of the selection process, the APSC had published a list on 07/11/2019 recommending the names of 57 short listed candidates, who had passed the departmental examination for promotion to the cadre of Audit Officer. On the same day i.e. 07/11/2019, the APSC had also forwarded the names of 14 candidates who had secured exemption marks in one or more subjects. Based on the list dated 07/11/2019, the departmental authorities had filled up the 32 vacancies of Audit Officers in order of merit.

6. The 11 petitioners in WP(C) 9305/2019 and the sole writ petitioner in WP(C) 1993/2020 had participated in the aforesaid selection process conducted by the APSC based on advertisement dated 03/05/2019 but could not pass the examination. As such, their names were not included in the select list dated 07/11/2019. It is to be noted herein that although, only 32 vacancies were notified in the advertisement, yet, merit list of 57 candidates was prepared by the APSC on 07/11/2019. As such, apprehending that more than 32 notified vacancies of Audit Officers might be filled up by operating the select list dated 07/11/2019, some of the unsuccessful candidates, as writ petitioners, have approached this Court by filing the aforementioned two writ petitions i.e. WP(C) 9305/2019 and WP(C) 1993/2020 inter-alia praying for an order from the Court restraining the authorities from promoting any person from the list dated 07/11/2019 for filling up vacancies bey