High CourtsSingle Bench(2003) 12 GAU CK 0065

Lakhi Narayan Sonowal vs State of Assam and Others

Gauhati High Court · Decided on 15 December 2003 · Citation: (2004) 2 GLR 25

HON’BLE JUDGES
Biplab Kumar Sharma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 9640 of 2003

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Judgment

6 paragraphs · 251 words

B.K. Sharma, J.—Heard Mr. B. Malakar for the petitioner and also heard learned Standing counsel appearing for the respondent No. 3.

2.

The petitioner, in response to the advertisement No. 1/97 for 12 number of temporary posts of Inspector of Schools, had offered his candidature against one such post. Pursuant to the selection conducted by the Assam Public Commission the select list was published on 10.8.1998 containing total 38 names. The petitioner''s name appears at serial No. 36. Thus admittedly his position is such that he does not come within the zone of consideration.

3.

Mr. Malakar submits that although the advertisement was for 12 numbers of posts, the select list having been made for 38 candidates, the same can be operated beyond those 12 vacancies and in fact, Mr. Malakar submits that as many as 27 vacancies have been filled up pursuant to the aforesaid select list dated 10.8.1998.

4.

I find that the select list in question was published on 10.8.1998 and the same was extended for a period of one year with effect from 10.8.2000. The said period has also expired on 10.8.2001.

5.

The law is well settled that no appointment could be made beyond advertised post. Secondly, I find that the petitioner''s position in the merit list does not bring him within the zone of consideration. Thirdly, the select list has already spent its force. Thus, I find no merit in the writ petition and the same is accordingly dismissed.

6.

No order as to costs.