JUDGEMENT
Bhattacharya, J. -
(1.) This Mandamus Appeal is at the instance of th'e
respondents of a writ application and is directed against the order dated
July 8, 2005 passed by a learned Judge of this Court holding that the writ
application filed by the respondents is maintainable before this Court by
overruling the objection raised by the present appellants that the same is
entertainable by the Central Administrative Tribunal in view of the
Administrative Tribunals Act, 1985.
(2.) The respondent herein filed the writ application in question thereby
praying for the following relief :-
(a) A writ in the nature of Mandamus directing the respondent
authorities to act in accordance with law widely notifying each and
every vacancy position for the post of GTT/PGT/PET/Librarian Grade-II
and inviting application from eligible candidates setting aside the
impugned policy decision published in the Government news paper
namely The Daily Telegrams dated 15th June, 2005.
(b) A writ in the nature of Certiorari directing the respondent
authorities to transmit the case record before this Hon'ble Court, so
that after perusing the same conscionable Justice may be rendered
to your petitioners directing the respondents not to reserve existing/
future vacancies of direct recruitment quota for any unclassified
category/class of persons.
(c) A writ in the nature of prohibition prohibiting the respondent
authorities to give any effect or further effect of the impugned policy
decision taken by the respondent A & N Administration as regard
filling up the post of PGT/PET/GTT/Librarian Grade-ll by preparing a
panel from and amongst the candidates who have served the
department on contract/ad-hoc basis for minimum two years during
the period 1997 to 2003 and recruiting them against direct recruitment
quota vacancies and till all candidates in the panel are absorbed
stopping the recruitment from amongst the new candidates.
(3.) The writ petitioners are 41 in number and in Para-4 of the writ
application they made the following averments :-
"4. Your petitioners state that when they are waiting to apply
as and when posts of PGT/GTT/PET would be advertised, all on a
sudden, from a Govt. publication in the Daily Telegrams dated 15th
June, 2005 they came to know that the Department of Education, A
& N Islands took decision to fill up all direct quota regular existing as
also future vacancies from and amongst the candidates of a particular
category mentioned therein viz. who have rendered minimum two
years service to the Department on contract/ad-hoc basis during the
period 1997 to 2003, by preparing a panel for their absorption.";
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