Altamas Kabir, J. - (1.) On the request of the Government of Assam to select candidates by way of direct recruitment for filling up 30 posts in each category of ACS Class-I and ACS Class-II, the Assam Public Service Commission, hereinafter referred to as 'the ASPC', published an advertisement on 22nd May, 1984, for the aforesaid purpose in terms of Rule 4 of the Assam Civil Services (Class-I) Rules, 1960. Subsequently, the Government of Assam informed the AP SC on 24th November, 1984, that a decision had been taken to relax the upper age limit by two years. Accordingly, a revised advertisement was published by AP SC on 28th November, 1984, incorporating the decision to relax the upper age limit by two years. Pursuant to the said advertisement, a written test was conducted by the AP SC , as required under the aforesaid Rules, hereinafter referred to as 'the 1960 Rules', between 5th June, 1984, to 1st August, 1985, and the results of the said written examination were declared on 22nd February, 1986. Vive voce test was thereafter conducted by the AP SC from 25th April, 1986, to 30th May, 1986, in respect of those candidates who had qualified in the written examination. Thereafter, the AP SC sent its list of recommended candidates to the Government on 27th June, 1986, for appointment to ACS Class-I and ACS Class-II category officers.
(2.) On 21st July, 1986, vide Notification of even date, the Government of Assam amended the proviso to Rule 4(1) and Rule 4(1)(b) of the 1960 Rules whereby the number of persons to be promoted from ACS Class-II to ACS Class I was left to be determined by the Governor and the earlier quota of 50 per cent for promotion was discontinued.
(3.) At this stage, reference may be made to Rule 4 of the 1960 Rules, as it stood prior to the amendment of 21st July, 1986, namely, Rule 4(1). Recruitment to the service after the commencement of these Rules, shall be by the following methods, namely: (a) by competitive examination conducted by Commission; (b) by promotion of confirmed members of the ACS (Class-II) who have passed the prescribed departmental examination and successfully completed the prescribed training under Sub-rule (3) of Rule 14 of ACS (Class-II) Rules, 1962; and (c) by selection, in special cases from among persons, other than members of the Assam Civil Service (Class-II) service in connection with the affairs of the Government; Provided that the number of persons recruited under Clause (b) shall be 50 per cent of the total number of vacancies to be filled in a year and the persons recruited under Clause (c) shall not in any year exceed two; provided further that the persons recruited under Clause (c) shall not at any time exceed 5 per cent of the total strength of the cadre.;