Shri Amar Jyoti Das and Others vs The State of Assam and Others

S. Haque, J.—These six writ Petitioners under Article 226 of the Constitution of India by 19 persons relate to filling up and appointment of the vacant posts of the sub-Inspector of Food and Civil Supplies under the Directorate of Food and Civil Supplies. Assam. The grievance of the Petitioners is that the Respondents have violated the provisions of the Assam Supply Service Rules, 1970 by not appointing them to the posts of sub-Inspector of Food and Civil Supplies after they have been duly selected for appointment.

The Petitioners having requisite qualifications did apply for the posts of Sub-Inspector of Food and Civil Supplies in pursuance of the advertisement dated 7-4-19 84 made by the Director of Food and Civil Supplies, Assam. After the entire process of the competitive examination conducted for the purpose, the Selection Committee has prepared a list of 150 candidates of order of merit for appointment to the posts and the list was forwarded to the Director of Food and Civil Supplies on 8-11-1985 for taking action in the matter of appointment to the service. These 19 Petitioners are also in the select list of 150. The list of selected candidates consisting 150 was published in the Assam Gazette dated 22-10-1986 (Annexure--3).

The clear provision under Rule 16 and 17(3) of the Assam Supply Service Rules, 1970 is that a select list shall ordinarily remain in force for a period of one year from the date of selection committee''s recommendation to the appointing authority. In the instant case, the Selection Committee had forwarded/recommended the list to the Director, Food and Civil Supplies. Assam (appointing Authority) on 8-11-1983. The validity of the select list, as per the rules ordinarily expired on 8-11-1986. The Government had appointed 19 candidates out of the said select list on 7-11-1986.

this Court vide judgment dated 3-6-1988 in the Civil Rules No. 19/1987, 347/1987 and 506/1987 of 20 Petitioners directed the Government and Director of Food and Civil Supplies, Assam to appoint those 20 candidates out of the said select list by holding the select list valid/inforce for one year from 22-10-1986, the date of publication in the Assam Gazette, to 21-10-1986. Those three writ applications of 20 selected candidates seeking appointments were filed prior to 21-10-1987, and so, they were given the relief sought for. this Court again by its judgment/order dated 3-6-1938 in Civil Rule No. 938/1988 KalloI Kumar Deb v. State of Assam and Others had clearly held that the validity of the select list was inforce only upto 21-10-1987 and in that view rejected the Civil Rule No. 938/1988 which was filed after 21-10-1987.

All these six writ petitions of 19 candidates have been tiled long after 21-10-1987. The validity or life of the select list was upto 21-10-1987 as pronounced by this Court in its judgment dated 3-6-1988 in the Civil Rules No. 19/1987, 347/1987/500/1987 and 938/1988.

Learned Counsel for the Petitioners submit that the appointments were not made in time due to fault of the Respondents, and so the select list be treated as valid/alive and that 41 vacancies which were to be filled by appointments from the select list are still vacant and available.

In support of the submission the judgment in Civil Rules No. 460/1986 and 844/1986 disposed on 4-5-1988 and 5.2.1988 respectively have been referred, Those two cases a rose out of the Select List prepared on 13-9-1985 to fill the vacancies in Grade III posts in various offices of Mangaldal District and the writ applications were filed in August, 1986 i.e. within one year of the preparation of the select list during which period the list was valid and alive. However, the order granting relief was passed in February and May, 1988, but no principle was laid down that direction for appointment can be made even on a writ petition filed after expiry of the valid period of a select list. Those two decisions do not help in these writ petitions which were filed after expiry of the valid period of the select list. Our previous judgments dated 3.6.1988 in Civil Rules No. 19, 347 and 506 of 1987 and Civil Rule No. 938/1988 had made it clear that the select list in question was valid upto 21-10-1987, Relief can not be granted with reference to a select list if the petition seeking relief is not made during the period where the list remains inforce as valid.

The writ Petitioner Shri Kallol Kumar Dey of Civil Rule No. 1827 of 1988 had previously filed Civil Rule No. 938/1988 for the same matter and that was rejected vide order dated 3-6-1988 by this Court. Therefore his present Civil Rule No. 1827 of 1988 is not maintainable and hence rejected.

It was held by this Court in Civil Rule No. 938/1988 that the writ application after the expiry of 21-10-1987 was not maintainable as the validity of the Select List had lost its force since 21-10-1987. The other 5 writ applications being Civil Rule Nos. 1478/1988, 1540/1988 2173/1988, 256/1989 and 801/1989 are covered by the judgment dated 3-6-1988 passed in Civil Rule No. 938/1988. All these five writ applications are dismissed.