DAMIR CH. MARAK Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) BY this writ petition, the petitioner is assailing the procedure followed by the District Selection Committee for selection of the candidates for the post of Surveyor advertised in the advertisement dated 15.12.2009 and also prayed for quashing the impugned order dated 27.06.2012 for appointing the respondent No. 3 to the said post of Surveyor on the recommendation of the DSC by following a procedure, which according to the petitioner, is illegal, arbitrary and contrary to the rules.

(2.) HEARD Ms. SG Momin, learned counsel for the petitioner, Mr. N.D. Chullai, learned Sr. G.A. assisted by Mr. S. Sen Gupta, learned G.A. appearing for the respondents No. 1 & 2 and Mr. K.C. Gautam, learned counsel for the respondent No. 3.

(3.) THE Govt. of Meghalaya, Personnel & Administrative Reforms (B) Department, Shillong issued an Office Memorandum being No. PER (AR) 167/82/23 dated Shillong, the 3rd July, 1982 prescribing the composition and functions etc. of the District Selection Committee for the Districts in the State of Meghalaya and also the procedure for direct recruitment to various categories of posts which come under the purview of the Committee. Under the said Office Memorandum dated 03.07.1982, there shall be a District Selection Committee for each District, consisting of a Chairman, a Vice Chairman, a Member Secretary and two other Members. The District Selection Committee (for short 'DSC') shall conduct written examinations and/or interview for the purpose of recommending candidates suitable for appointments by direct recruitment to different categories of posts, which are borne in the offices/establishments of the Heads of Departments, District or Sub -divisional/Subordinate offices, and which do not come under the purview of the Meghalaya Public Service Commission or Departmental Selection Committee. The selection of persons for appointment as causal and work -charge employees shall fall outside the purview of the District Selection Committee. For recruitment to any post for which the minimum qualification is Matriculate/H.S.L.C. or above, there shall be a written examination as per the syllabus prescribed for the purpose and to be followed by an interview; and for recruitment to any post for which the minimum qualification is Matriculate/H.S.S.L.C. or above, and for which some extra physical fitness, skill or technical qualification are necessary, tests shall be conducted for such extra physical fitness, skill or technical requirements, besides the written examination as per the prescribed syllabus, to be followed by an interview. The said Office Memorandum dated 03.07.1982, also provides as to how the written examinations and interviews are be conducted by the DSC, and also prescribes the syllabus and also that the written examinations will be for 250 marks and interviews/viva voce will be for 50 marks. For easy reference, the said Office Memorandum dated 03.07.1982 is reproduced hereunder: - -