ASSAM CIVIL SERVICE OFFICERS ASSOCIATION, AND OTHERS Vs. THE UNION OF INDIA AND OTHERS
LAWS(GAU)-2018-4-144
HIGH COURT OF GAUHATI
Decided on April 26,2018

Assam Civil Service Officers Association, And Others Appellant
VERSUS
The Union Of India And Others Respondents

JUDGEMENT

HRISHIKESH ROY, J. - (1.) Heard Mr. M. Choudhury, the learned Sr. Counsel appearing for the petitioners. Also heard Mr. N. Dutta, the learned Sr. Advocate representing the respondent No. 9. The learned Sr. Counsel Mr. D. Das appears for the respondent No. 8. The State authorities (respondent Nos.4-7) are represented by Mr. D. Saikia, the learned Addl. Advocate General, along with Mr. D. Nath, the learned Addl. Sr. Govt. Advocate, Assam.
(2.) The petitioner No. 1 is an Association of the Assam Civil Service Officers and along with the General Secretary, they, inter alia, challenge the recommendation of the Selection Committee dated 18.09.2017 (Annexure-6), for selection of Non-State Civil Service (Non-SCS) officers, for nomination to the Indian Administrative Service (IAS). The petitioners contend that recommendations for the respondent Nos.8 and 9 in the 2006 vacancies, were unmerited, as they respectively served as Additional Commissioner, Industries and Commerce and Joint Commissioner of Taxes and never served as Deputy Collector or in an equivalent post, which is a mandatory eligibility requirement of Rule 4(1)(iii) of the Indian Administrative Service (Appointment by Selection) Regulations, 1997 (hereinafter referred to as 'the Selection Regulation').
(3.) The Indian Administrative Service (Recruitment) Rules, 1954 (hereinafter referred to as 'the Recruitment Rules') provides for the induction into the IAS by promotion of those in the State Civil Service and also those who are not the members of the State Civil Service, under Rule 4 of the Recruitment Rules. The petitioners, who belong to the State Civil Service contend that as per proviso to Rule 9(1) of the Recruitment Rules, the number of persons to be appointed to IAS from the category of Non-SCS officers at any time, must not exceed 15% of the number of persons appointed under Rule 8 of the said Rules. In the present case, since 7 vacancies under Rule 8 for appointment to IAS from both SCS and Non-SCS category is available, only 15% of the available quota is to be filled up from persons belonging to Non-SCS category, which is no more than 1(one). According to the petitioners, the respondent authorities have exceeded their jurisdiction by earmarking 2(two) posts to be appointed from Non-SCS category and this has impacted the avenue of promotion, for the State Civil Service officers.;


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