BIMAL SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS batch of writ petitions arise out of the process initiated for recruitment of 145 Sub-Inspectors, Food & Civil Supplies, Government of Assam (in short, "Sub-Inspector"). WP(C) No.5520/2008 has been filed challenging the advertisement dated 20th August, 2008, the written test conducted pursuant to the said advertisement and praying for directing the respondent authority not to declare the result of the written test. WP(C) Nos.3207/2009; 3526/2009; 3704/2009; 3899/2009; 4150/2009; 4319/2009; 5197/2009; 5245/2009; 5820/2009 and WP(C) No.1268/2010 are filed by the candidates, who were not successful in the written test conducted for that purpose, challenging the entire selection process including the list dated 27th July, 2009 of successful candidates in the written test. In WP(C) No.3526/2009 a further prayer has also been made to direct the respondent authorities to call those petitioners, who have secured the qualifying marks in the written test, as fixed by the respondent authorities. WP(C) Nos.3283/2009; 3327/2009; 3500/2009 and 4259/2010 are filed by the candidates, whose names do not appear in the said list, challenging the result of the written test on one of the grounds that though some of them have secured more than the cut off marks fixed by the respondent authorities for such selection, their names do not appear in the said list and were not called for viva-voce test. WP(C) No.95/2010 has been filed by the petitioner praying for a direction to the respondent authorities to call him for the viva-voce test contending that he has not been called, despite securing the cut off marks fixed for that purpose. In WP(C) No.3824/2009, the petitioner has challenged the action of the respondent authority in declaring him as unsuccessful in the written test, on the ground of alleged anomalies in the answer script, though in the list of successful candidates dated 27th July, 2009 his name appeared and he also appeared in the viva-voce test held on 10th August, 2009. WP(C) Nos.2806/2009 and 447/2010 are filed praying for a direction to declare the result of the written test held on 28th December, 2008, in respect of Barpeta district and also to publish the list of successful candidates after completion of the selection process and to appoint accordingly. WP(C) No.4263/2010 is filed by the petitioner praying for a direction to the respondent authorities to declare the result of the viva-voce test held on 10th August, 2009 and to publish the select list and also to appoint the selected candidates, pursuant to the selection process initiated for recruitment of 145 numbers of Sub-Inspector. All these writ petitions being relating to the recruitment to the aforesaid posts, are taken up together for hearing and disposal, as agreed to by the learned counsel for the parties.

(2.) THE facts relevant for the purpose of disposal of the present writ petitioners may be noticed as under:

(3.) REFERRING to the last advertisement issued by the Director and published in the newspaper dated 20th August, 2008, it has been submitted by the learned counsel that out of 200 total marks allotted for the purpose of selection, 50 marks was allotted for the interview/viva-voce test, thereby stipulating the criteria for selection, which was subsequently changed by the Selection Committee constituted for that purpose in its proceeding dated 3rd February, 2009, wherein a decision was taken to conduct the viva-voce test on the basis of 25 marks, thereby changing the criteria for selection. It has also been submitted that the Selection Committee, in its meeting dated 26th May, 2009, has introduced the cut off marks to be secured in the written test after declaration of the result of the written test on 27th July, 2008, though the same was required to be done before conduct of such test. It has been submitted that once the process of selection commences, the rules of the selection cannot be changed, as has been done in the instant case by the respondents.