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2025 Supreme(Gau) 316
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI, J.
Loni Baruah - Appellant
Versus
The Principal Secretary To The Govt. Of Assam And 23 Ors. - Respondent
WP(C) 7628 / 2018
Decided On : 13-02-2025
For the Petitioner:Shri R Sarma, Advocate & Shri A Narzari,
For the Respondents:Shri SS Roy, Govt. Advocate, Assam & Shri S Borthakur
IMPORTANT POINT
Expired select lists cannot be used for appointments; fairness and transparency in recruitment must be upheld.
Headnote:
(A) Assam Fiscal Responsibility and Budget Management (AFRBM) Act, 2005 - Recruitment process initiated in 2005 for Supervisor posts - Petitioner claimed eligibility but was not appointed despite vacancies persisting until 2017 - Court held that expired select lists cannot be used for appointments, emphasizing fairness and transparency in recruitment. (Paras 8 - 11 )
(B) Writ Jurisdiction - The court reiterated that it cannot interfere with appointments made under lawful processes, especially when they are longstanding and settled. (Paras 12 )
Facts of the case:
The petitioner participated in a 2005 recruitment for Supervisor posts but was not appointed despite 7 vacancies remaining unfilled until 2017. The petitioner challenged the appointments made from the select list and the validity of certain appointments.
Findings of Court:
The court found that expired select lists cannot be used for appointments, and the petitioner's claims were not sufficient to warrant interference.
Issues: The main issues included whether the petitioner had an enforceable right to appointment and the validity of appointments made from the expired select list.
Ratio Decidendi: The court ruled that appointments must respect the principles of fairness and transparency, and that once a select list has expired, it cannot be used for filling vacancies.
Result: Writ petition dismissed.
JUDGMENT :
Heard Shri R Sarma, learned counsel for the petitioner. Also heard Shri SS Roy, learned State Counsel, Assam as well as Shri S Borthakur, learned counsel for the private respondent nos. 15 to 24.
2. The writ petition has been instituted with the following prayers: “ In the premises aforesaid, it is most respectfully prayed that, your Lordships may be pleased to admit this Petition, call for the record of the case, issue a Rule, calling upon the Respondents to show cause as to why a Writ in the nature of Certiorari should not be issued to the Respondent Authorities, modifying:
The impugned "Statement of District wise Vacancy Position of Supervisor as on 2005- 2006, after the interview held during the year 2005".
The impugned "List of Supervisors Appointed in Lakhimpur District" issued by the Programme Officer-II, Directorate of Social Welfare, Assam Guwahati-1 on 29.04.2015.
The impugned Order dated 30/12 (year not mentioned), issued by the Government of Assam, Directorate of Social Welfare, Assam, Uzanbazar Guwahati under the signature of the Director of Social Welfare, Assam, Guwahati and simultaneously as to why a Writ in the nature of Mandamus directing the Respondent Authorities to dispose of the and/or any other appropriate Writ/or direction of a like nature should not be issued, directing the Respondent Authorities:
To dispose of the Representation dated 31.10.2006 submitted by the Petitioner before Secretary to the Government of Assam, Social Welfare Department, the Director, Social Welfare Assam/the Hon'ble Minister of Social Welfare, Assam respectively and before the Secretary to the Government of Assam, Social Welfare Department on 05.12.2007, praying for extension of the Select List dated 11.11.2005.
To dispose of the Letter dated 11.01.2016 submitted by the Petitioner before the Director of Social Welfare, Government of Assam, Uzanbazar, Guwahati-01, praying for cancellation of illegal appointments o the ineligible candidates to the post of Supervisor under Lakhimpur District, violating all the norms, Government Circulars etc.
-AND-
In the interim, to extend the said Notification dated 11.11.2005 vide No.DSW(ICDS)E/33/2005/127 issued by the Government of Assam, Directorate of Social Welfare, Assam, Guwahati-1 under the signature of the Director of Social Welfare, Assam, Uzanbazar, Guwahati-1.
To preserve one post for the Petitioner out of the remaining 7 vacant post as evident from the "Statement of District wise Vacancy Position of Supervisor as on 2005-2006, after the interview held during the year 2005" till the final disposal of this Case and/or may be pleased to pass such further order or orders as this Hon'ble Court may deem fit and proper.”
3. As per the facts projected, in the year 2005, a recruitment process was initiated for appointment of 26 posts of Supervisor in the Social Welfare Department. The petitioner claimed to be eligible and had participated in the recruitment process and was selected against the Sl. No. 22. However, it is the case of the petitioner that while others were appointed, she was left out.
4. Shri Sarma, learned counsel for the petitioner has submitted that though the selection was of the year 2005, till the year 2017, persons from the said select list were appointed. He contends that the petitioner had also obtained certain information by invoking the provisions of the Right to Information Act, 2005 and as a result, some time was consumed and ultimately, this writ petition was instituted in the year 2018.
5. It is submitted that as per information, 7 nos. of posts were still said to be vacant and only 19 numbers were filled up. He has also submitted that so far as the respondent no. 14 is concerned, her position in the select list was 31 and bypassing the claim of the petitioner, she was appointed. It is also submitted that though in the affidavit filed by the State, a ju
