K.N. Saikia, J. - (1.)ALTOGETHER 221 writ Petitioners 169 original and 52 interveners, seek a mandamus restraining the Respondents, from giving effect to the impugned Employment Notice No. R.B. 1/83, from holding the examination mentioned therein, to refrain from all actions done or taken in pursuance the said Employment Notice, until the entire panel of candidates prepared by way Service Commission, Gauhati shortly 'the Commission' against Employment Notice No. 1/84 -83 is exhausted by recruiting all the candidates of the panel in posts of Class -III categories lying vacant.
(2.)THE facts may be briefly stated. Employment Notice No. 1/82 -83 (Annexure -1 to the petition) was published by the Commission in the Assam. Tribane dated 20.7.82 Inviting applications from eligible candidates for a competitive examination for recruitment to the posts of "Class -III Categories" which included Commercial Clerks, Signallers, Ticket Collectors, Train Clerks, Office Clerks and Accounts Clerks in the N.F. Railway. It was mentioned in the said notice that there were 500 vacancies of those categories. Altogether 42,000 applications were received out of which only 1400 candidates were called for written test which was held on 5.6.83 followed by oral test held on different dates. By letter No. RSC/G/Con/155/23 dated 9.9.83 the Commission published the names of 537 successful candidates. On the same day there was another publication of the result of 253 successful candidates belonging to the Scheduled Castes and Scheduled Tribes against backlog vacancies. Thus altogether 790 successful candidates were in the panel.
Oil 4.11.83 the then Railway Minister made a statement, as reported in the Assam Tribune, Gauhati threatening to scrap the N.F. Railway service Commission on the ground of corruption as only 2 out of 33 candidates from Malda where given appointment letters.

(3.)ON 19.11.83 letters were issued only to 79 put of total 790 finally selected candidates for medical examination for the purpose of appointment to the post of Class -III categories. They were medically examined and have since been absorbed. Representations wore submitted on behalf of the remaining empanelled candidates without any result. The impugned Employment Notice No. R.B. -1/83 dated 27.9.83 (Annexure V to the petition) was issued by the Commission and published in the Assam Tribune dated 6.10.83 inviting applications for the post in categories showing 120 vacancies.
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