RAMEN DAS AND RANJIT BHARALI Vs. THE ASSAM STATE AGRICULTURAL MARKETING BOARD, REPRESENTED BY ITS CHAIRMAN AND 4 ORS.

JUDGEMENT

(1.) THE Petitioner's case is that in response to the advertisement inviting applications for appointment to the post of Marketing Inspector in the Assam State Agricultural Marketing Board hereinafter referred to as the Board the Petitioners offered their candidature for appointment against the vacant posts. Thereafter, the Petitioners along with the oilier candidates, appeared in the selection lest and the result of the rest was published in the local English daily newspaper 'The Sentinel' in its issue dated 29.2.92. Although in the news paper Roll numbers of the successful candidates were published in the order of merit, ultimately the Respondents prepared a list in order of merit of the selected candidates indicating whether the candidate belongs to the Scheduled Castes, Scheduled Tribes, Other Backward or More Other Backward Community. As per the select list, while the Petitioner No. 1 secured 73rd position, the Petitioner No. 2 secured 65th position. The Respondents No. 4 and 5 secured 74th and 69th position respectively in order of merit. The Petitioner No. 2 belongs to M.O.B.C. the Petitioner No. 1 and the Respondents No. 4 and 5 belong to general class. The Respondent Board, however, ignoring the fact that the Petitioners had the right to be appointed in the posts of Marketing Inspector before the persons who secured portion lower to them In the select list in order of merit, arbitrarily appointed the Respondents No. 4 and 5 to the post of Marketing Inspector and the Petitioners are not appointed against the vacant posts. According to the Petitioners appointment of Respondents No. 4 and 5 and other Incumbents who secured position below them in the select list, in order of merit, are ex facie arbitrary and discriminatory and is violative of the Petitioners' fundamental rights guaranteed under Article 14 and 16 of the Constitution.

(2.) THIS Court while issuing Rule on 21.9.92 passed ad interim order staying' appointment of those candidates who secured lower position than the Petitioners in the select list in the order of merit. The Respondent Nos. 1 and 2, namely, the Assam State Agricultural Marketing Board and the Secretary of the Board have entered appearance through counsel and filed an application for modification/alteration of the interim order passed by this Court on 21.9.92. The Respondents No. 4 and 5 have also entered appearance and filed affidavit -in -opposition, In the affidavit -in -opposition, none of the Respondents have denied the contentions of the Petitioners that while the Petitioner Nos.' 1 & 2 secured 73rd and 65th position in the select list in the order of merit, me Respondents No. 4 & 5 secured 69th and 74th position respectively in the select list. The Respondents have also not denied that the Petitioner No. 2 belongs to M.O.B.C community and is entitled to be appointed against the reserved quota.

(3.) THE Respondent No. 4 and 5 in their affidavit -in -opposition have contended that they were appointed after being selected for the post of Marketing Inspector by the Board according to its policy decision on probation and they have been working for more than 6 months in the post. As such, for the ends of justice they may not be dislodged from their service.