Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE GAUHATI HIGH COURT
(The High Court of Assam, Nagaland, Meghalaya, Manipur, Tripura, Mizoram and
Arunachal Pradesh)
W.P. (C) No.1042/2002 and W.P.(C) No.1933/2002
D.D. 13.6.2002
The Hon’ble Mr. Justice J N Sarma
Sri (Dr) Muhi Kanta Hazarkika & Anr. ... Petitioners
Vs.
State of Assam & Ors. ... Respondents
Qualification & Experience:
Recruitment to the post of Director of Health Services - At the time of issuing advertisement no
qualification was prescribed by the Government under the Rules with regard to academic qualification
and experience – While issuing advertisement qualification experience as was done in the past were
prescribed – P.S.C. prepared select list placing Dr. Bipul Goswami at Sl.No.1 and Dr. Paresh
Battacharee at Sl.No.2 – After receipt of the list the authority came to a decision that Dr. Goswami
was not qualified to hold the post as he did not have the requisite experience – The validity of the
select list was challenged – The High Court scraped the selection and sent back to the Government to
lay down the qualification and experience as required under the Rules and hold selection.
Held:
Following the decision in (1990) 3 SCC 655 (District Collector & Chairman, Vizianagaram Social
Welfare Residential School Society Vs. M.Tripura Sundari Devi) that when an advertisement mentions
a particular qualification and an appointment is made in disregard of the same, it is not a matter only
between the appointing authority and the appointee concerned. The aggrieved are all those who had
similar or even better qualifications than the appointee or appointees but who had not applied for the
post because they did not possess the qualifications mentioned in the advertisement.
Cases referred:
Assam PSC
1. (1990) 3 SCC 655 - District Collector & Chairman. Vizianagaram Social Welfare Residential
School Society Vs. M.Tripura Sundari Devi
2. (1998) 3 SCC 381 - Upen Chandra Gogoi Vs. State of Assam and others
ORDER
Both these applications have been filed challenging the legality and validity of the select list dated
29.12.2001 prepared by the Assam Public Service Commission (hereinafter referred to ‘APSC’) and
communicated by its Secretary by which Dr. Bipul Ch. Goswami and Dr. Paresh Ch. Bhattacharjee
were selected to fill up the post of Director of Health Services, Assam in pursuance of the advertisement