Mrs. Sujata V. Manohar, J. - (1.) This appeal is from a judgment and order dated 3-8-1988 of the High Court of Gauhati setting aside the appointment of the appellant as Officer on Special Duty in the Secretariat of the Assam Legislative Assembly pursuant to an advertisement dated 18-6-1985.
(2.) The post of an Officer on Special Duty (O.S.D.) in the rank of Joint Secretary in the Assam Legislative Assembly Secretariat was created in November, 1983. One P. N. Hazarika who was serving as Deputy Secretary in the Assam Legislative Assembly Secretariat was promoted to the post of O.S.D. so created. The post, however, fell vacant in 1985 when Hazarika was promoted as the Secretary of the Assam Legislative Assembly Secretariat.
(3.) On 18-6-1985 an advertisement was issued by the Assam Legislative Assembly Secretariat inviting applications for the post of O.S.D. in the rank of Joint Secretary. The following qualifications were prescribed for this post in the advertisement:- "Candidate must be an Advocate of High Court or a pleader of a District Court who has practised as such for at least 7 years or a Judicial Officer qualified to be appointed as a District or Additional District Judge. Preference will be given to those who possess practical experience of Legislative procedure, Drafting of Bills, Rules, Regulations etc." The appellant applied for the said post pursuant to this advertisement. A qualifying examination and viva voce were held. The appellant was selected and appointed to the post of O.S.D. on 17th of September, 1985. The post of O.S.D. was re-designated as the post of Joint Secretary on 30th of September, 1986.;