Decided on July 24,2018

Sanghamitra Barbora And 5 Ors D/O- Jatin Barbora Appellant
State Of Assam And 5 Ors Respondents


Nelson Sailo, J. - (1.) Non-Appointment of the six writ petitioners despite being selected for appointment as Assistant Engineers (Civil) under the Irrigation Department out of the total 133 posts that was advertised to be filled up vide Advertisement dated 12.12.2013 by the Assam Public Service Commission (respondent No.4) has prompted them to file the present writ petition.
(2.) Heard Mr. AK Sharma, the learned counsel for the petitioners and Dr. B Ahmed, the learned Standing Counsel for the Irrigation Department who appears for the respondent Nos. 1, 2 and 3. Also heard Mr. C Baruah, the learned counsel for the respondent No.4 and Mr. A Chamuah, the learned counsel for the respondent No.6. Mr. NJ Khataniar, the learned counsel appears for the respondent No.5. None appears for the respondent No.7.
(3.) The brief facts of the case for disposing the writ petition may be narrated at the outset. The petitioners are holders of Bachelors Degree in Civil Engineering and they responded to an Advertisement dated 12.12.2013 issued by the respondent No.4 for filling up of 133 posts of Assistant Engineer (Civil) under the Irrigation Department. The educational qualification that was prescribed besides other qualification was 3(three) years diploma in Civil Engineering from any institute recognized by the All India Council for Technical Education (AICTE). After participating in the selection process, the petitioners were amongst the successful candidates for the posts in question and their names and roll numbers appeared at serial No.112, 116, 4, 63, 3 and 28 respectively in the select list prepared by the respondent No.4. While the petitioners were expecting to be appointed to the posts, the Irrigation Department through the Deputy Secretary (E) to the Government of Assam to their surprise, issued a notification dated 14.03.2017 (Annexure-7), notifying that all successful candidates as recommended by the respondent No.4 except the 11 candidates mentioned in the notification are to collect their respective appointment letters at the Appointment Distribution Programme scheduled to be held at the Assam Administrative College, Khanapara, Guwahati on 16.03.2017. As for the 11 candidates which included the petitioners, it was provided that their appointment letters will be issued on receipt of satisfactory enquiry report from the respondent No. 5. Following the said notification, 117 selected candidates excluding the writ petitioners were appointed to the post of Assistant Engineer (Civil) under the Irrigation Department vide Notification dated 16.03.2017. Being aggrieved, the petitioners are before this Court.;

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