Decided on June 22,2018

Anup Kumar Das S/O Appellant
The Airports Authority Of India And 4 Ors. Respondents


S.SERTO,J. - (1.) Heard Mr. B. Ahmed, learned counsel for the petitioner and also heard Mr. R. Dubey, learned counsel for the respondent.
(2.) This is an application under Article 226 of the Constitution of India praying for issuance of a writ of certiorari and or mandamus and or any other appropriate writ or order or direction appropriate in the facts and circumstances of the case in respect of the memorandum dated 09.07.2013, issued by the Regional Executive Director (NER), Airports Authority of India, by which the petitioner has been required to submit a written statement within 15 days of the same, in reply or in defence of articles of charge or imputation framed against him in the memorandum.
(3.) The facts and circumstance which led the petitioner to approach this Court by filing the present writ petition are briefly stated here below; On 06.08.2007, the Assam Tribune carried an advertisement inviting application for filling up of 25 posts of Jr. Assistant (Office), 6 posts of Jr. Attendant (Office) and 22 posts of Jr. Attendant (Engg. Electrical) under Airports Authority of India. Qualification and experience required for Jr. Assistant (Office) was given as graduates plus 30/25 WPM English/Hindi typing speed with two years relevant experience in concerned discipline and Computer knowledge as desirable. Age limit as on 01.08.2007 was given as below 30 years. However, the upper age limit was made relaxable by three years for OBC candidates. Under the heading "General" (e) it was given as follows; "e. The eligibility with respect to age experience etc. will be determined as on 01.08.2007. The candidates, who have appeared in the final degree exam before the last date of receipt of applications can also apply. However, their candidature would be provisional subject to their acquiring the prescribed qualifications before the written examination/interview as the case may be." The petitioner also applied for the post of Jr. Assistant (Office). Being considered eligible for the post, the authority concerned issued call letter dated 06.10.2007, to the petitioner to appear in written test on 28.10.2007. Thereafter, he was issued another call letter dated 12.02.2008, by the concerned authority to appear in typing test on 27.02.2008. After having appeared the same, the petitioner was once again issued another call letter dated 12.05.2008, to appear in the interview to be held on 24.05.2008. On completion of the recruitment process, the authority declared the result as per merit, and the petitioner's name appeared at Sl. No. 18 of the same. The merit list was declared as follows;"MERIT LIST OF JR. ASSTT.(O) "MERIT LIST OF JR. ASSTT.(O) JUDGEMENT_138_LAWS(GAU)6_2018_1.html;

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