Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.

JUDGMENT :

Vijay Bishnoi, CJ.

This writ appeal is filed by the appellant challenging the judgment & order dated 20.10.2022 passed by the learned Single Judge in WP(C) No.4883/2018, whereby the learned Single Judge has set aside the selection and appointment of the appellant as Gaonburah of Charge No.17, Mouza - Barpeta under Barpeta Revenue Circle, District – Barpeta and has directed the State authorities to initiate a fresh process of selection for appointment of Gaonburah of Charge No.17 as expeditiously as possible on the basis of the qualifications laid down by the Notification bearing No.RLR.187/2007/39 dated 10.04.2018 or any amendment made thereafter, as the case may be, clarifying that the selection process should proceed on the basis of the qualification prevailing on the relevant date.

2. The facts necessary for adjudication of the issue involved in this writ appeal are that the vacancy for the post of Gaonburah of Charge No.17 occurred on 08.06.2012. However, the respondent No.1 herein Kashem Ali Ahmed was allowed by the respondent authorities to discharge the duties of Gaonburah of Charge No.17. The said action of the authorities allowing the respondent No.1 herein to discharge the duties of Gaonburah of Charge No.17 came to be challenged by one Jahurul Islam by way of an appeal under the provisions of the Assam Land & Revenue Regulation, 1886 (hereinafter to be referred as the “1886 Regulation”) before the Appellate Authority, i.e. the Commissioner of Lower Assam Division. The Appellate Authority allowed the appeal filed by Jahurul Islam vide order dated 08.10.2013 and cancelled the order of permitting the respondent No.1 herein to discharge the duties of Gaonburah of Charge No.17 with a further direction to initiate fresh process of selection under the relevant provisions of the Executive Instructions issued under the 1886 Regulations, as amended.

Pursuant to that an advertisement inviting applications from the aspirants for filling up the post of Gaonburah for Charge No.17 was issued on 06.08.2014. In the meantime, vide order dated 16.08.2014, one Akkabbar Ali was entrusted to look after the day-to-day works of Gaonburah of Charge No.17.

3. Thereafter, the respondent No.1 herein filed WP(C) No.4289/2015 challenging the order dated 08.10.2013 passed by the Appellate Authority, whereby permission granted to him to continue as Gaonburah of Charge No.17 was interfered with. However, during the pendency of WP(C) No.4289/2015 preferred on behalf of the respondent No.1 herein, Notification No.RLR.187/ 2007/43 dated 05.01.2016 was issued by the State respondents, whereby the earlier Executive Instruction Nos.160 to 167 contained in the 1886 Regulations were amended and taking into consideration the same, the Writ Court in WP(C) No.4289/2015 observed that since the advertisement dated 06.08.2014 did not lead to appointment of any person as regular Gaonburah of Charge No.17, the respondent State authorities should initiate a fresh process of recruitment for the post of Gaonburah of Charge No.17 by abandoning the earlier process initiated through advertisement dated 06.08.2014. While disposing of WP(C) No.4289/2015 vide order dated 31.05.2017, the Writ Court also directed the respondent authorities to ensure appointment of a better merited person, in accordance with the current norms, granting liberty to the respondent No.1 herein and Jahurul Islam to participate in the said selection process. Certain other ancillary directions were also given by the Writ Court in the order dated 31.05.2017.

In the meantime, the Joint Secretary to the Government of Assam, Revenue & Disaster Management (LR) Department issued an order dated 20.0