Manjusri Nayak Vs the State of Assam and 4 Ors.

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GAHC010127552024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/3441/2024

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MANJUSRI NAYAK WIFE OF SRI BHABENDRA CH. DAS, RESIDENT OF KONWARPARA, NABIN NAGAR, KALI MANDIR PATH, MANGALDOI, P.O. AND P.S.- MANGALDOI, DIST.- DARRANG, ASSAM, PIN- 784125.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WPT AND BC DEPARTMENT, SACHIVALAYA, DISPUR, ASSAM- 781006.

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2:ASSAM STATE DEVELOPMENT CORPORATION FOR SCHEDULE CASTE LTD. REPRESENTED BY ITS CHAIRMAN

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HAVING OFFICE AT RAMYAPURI COMPLEX- 2ND FLOOR NABARUN PATH

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JATIA KAHILIPARA ROAD GUWAHATI- 06.

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3:THE MANAGING DIRECTOR ASSAM STATE DEVELOPMENT CORPORATION FOR SCHEDULE CASTE LTD.

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RAMYAPURI COMPLEX- 2ND FLOOR

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NABARUN PATH JATIA

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KAHILIPARA ROAD GUWAHATI-06.

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4:THE DEVELOPMENT OFFICER

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ASSAM STATE DEVELOPMENT CORPORATION FOR SCHEDULE CASTE LTD.

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MANGALDOI BRANCH.

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5:THE SECRETARY TO THE GOVERNMENT OF ASSAM THE SOCIAL JUSTICE AND EMPOWERMENT DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-0

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:::BEFORE:::

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HON’BLE MR. JUSTICE RAJESH MAZUMDAR

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Advocates:

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For the petitioner : S. Borthakur, Advocate

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For the respondents: Mr. R. Dhar, Addl. Sr. Govt. Adv.

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Ms P. Seyie on behalf of Mr. R.M. Das

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Date on which judgment is reserved: N/A Date of pronouncement of judgment: 13.03.2026 Whether the pronouncement is of the Operative part of the judgment : N/A Whether the full judgment has been Yes Pronounced :

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Judgment & Order (ORAL)

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Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. R. Dhar, the Additional Senior Government Advocate appearing for the Assam

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State Development Corporation for Scheduled Castes Limited as well as Ms. P. Seyie, learned counsel appearing on behalf of Mr. R.M. Das, learned counsel for the respondent No.3.

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Pursuant to the order dated 13.02.2026, this court had allowed the Secretary to the Government of Assam, Social Justice and Empowerment Department, to be impleaded as a party since the Additional Senior Government Advocate had clarified that the concerned department for the present matter is the Department of Social Justice and Empowerment.

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Accordingly, on the 20th of February 2026, an amended cause title had been filed, and by the order dated 9/3/2026, this court had required the matter to be listed today, showing the name of Mr. R.M. Das, learned standing counsel for Social Justice and Empowerment Department in the Admission Column as a part heard matter.

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On the first call in the morning, this court was informed that Mr. R.M. Das is attending a matter in another court and therefore the matter may be taken up after some time. However, on the second call, an associate of Mr. R.M. Das has informed this court that Mr. Das is not present in the court due to some personal inconvenience. The court does not appreciate the manner in which the matter was requested to be passed over at the first instance by stating that the learned counsel appearing for the department was on his legs in another court. Since the matter had been heard in-part on earlier occasions and the affidavit on behalf of the respondent No. 3, i.e., the Managing Director, Assam State Development Corporation, Schedule Caste Limited, is already on record, this court is taking up this matter for disposal.

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The facts leading to the institution of this writ petition under Article 226 of

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the Constitution of India is that the petitioner had been appointed as Junior Assistant cum Typist in the office of the Managing Director, Assam State Development Corporation, for Schedule Caste Limited and pursuant to the orders passed by this Court in Civil Rule No. 1636 of 1996, the Managing Director of the Corporation had allowed the petitioner to continue in her service as Junior Assistant as directed by the original order dated 30/12/1995.

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By an order dated 13th of April 1999, the services of the petitioner have been regularized in the cadre of Junior Assistant cum Typist in the office of the Corporation. When the petitioner was denied her promotions, she had made representations for being considered for the promotion to the post of Senior Assistant. Due to certain alleged unauthorized leave availed by the petitioner, a certain period of her absence from duty had later been regularized as commuted leave on average pay on medical grounds. Thereafter, by an order dated 16^th of January 2021, the petitioner had been transferred from the Mangaldoi branch to the Head Office with immediate effect.

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By an order dated 4^th March 2022, another set of alleged unauthorized absence of the petitioner had been regularized by granting her earned leave. The petitioner was thereafter provided a provisional gradation list, where her name reflected at serial number 2, with a remark that although the promotion of the petitioner was due, but it was held up due to violation of punctuality in office attendance and the matter was placed before the Board of Directors for approval since she was granted earned leave for the period of absence.

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The case of the petitioner was not taken up in the meeting of the Board of Directors held on the 9th of June, 2023, for promotion. Aggrieved, the petitioner moved this petition.

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The affidavit in opposition filed by the Corporation has brought on record the minutes of the selection committee meeting held on 11/4/2023, where the case of the petitioner had been taken up for consideration for promotion to the post of Senior Assistant and it reflects that the Managing Director of the Corporation had informed the Board that as per notification issued by the Government of Assam recently for recruitment to the post of Junior Assistant, the qualification of graduation had been made mandatory. The resolution thereafter records that the petitioner and another Junior Assistant possessed the qualification of HS passed when they were recruited to the post of Junior Assistant prior to the issuance of the government notification. The members of the committee, thereafter, decided to forward the matter of promotion of the two persons, including the petitioner, to the Government for consideration and approval. The affidavit-in-opposition further reflects that the Managing Director had sent a letter to the Joint Secretary of the Government Social Justice and Empowerment Department on 24th of May 2023, giving the vacancy position and by referring to the acute shortage of manpower, the decision of the Board of Directors to promote all eligible employees to the next post was conveyed.

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Mr. S. Borthakur, the learned counsel appearing for the petitioner has referred to the Service Rule of the Officers and Employees of the Assam State Development Corporation for Scheduled Castes Limited, 2005 (in short, Rules of 2005) to submit that the promotions from the post of Junior Assistant to Senior Assistant are governed by the provisions of Rule 30.

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According to Mr. Borthakur, the qualifications for a particular post is given at Rule 15. He also submits that, in-so-far-as, the case of promotions in the Corporation is concerned, the Junior Assistants or Recovery Assistants have a scope of promotion to the post of Assistant Development Officer and/or Senior

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Assistant.

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The learned counsel for the petitioner has submitted that is the Rule as it stands today, no specific educational qualification for the post of Senior Assistant has been reflected. For the post of Assistant Development Officer, a candidate was required to be a graduate with five years experience in service for direct recruitment to such post. Accordingly, the learned counsel for the petitioner has submitted that when the Rules do not lay down that a candidate for promotion to the post of Senior Assistant required to be a graduate, the act of the respondent authorities in not granting promotion to the petitioner to the post of Senior Assistant is not sustainable in law and the respondents are required to consider the case of the petitioner on the basis of her merit and if found suitable, to promote her to the post of Senior Assistant forthwith.

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Mr. R. Dhar, learned Additional Senior Government Advocate has submitted that promotions to the post of ADO/Senior Assistant are made from the post of Junior Assistant and Recovery Assistant as is reflected in Rule 13 of the Rules of 2005. The learned Additional Senior Government Advocate has submitted that Rule 10 depicts the requirement of a candidate to be a graduate with five years experience in service to be eligible to hold the post of Assistant Development Officer and since the post of Assistant Development Officer and Senior Assistant are kept in the same sub-class at Rule 13(vi), the requirement of the candidate to be a graduate to hold the post of Senior Assistant is sine qua non.

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The learned Additional Senior Government has submitted that since the petitioner is not a graduate, the Corporation had rightly sent the matter to the Government for consideration as to whether the petitioner could be afforded her promotion to the post of Senior Assistant since she was found eligible and

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meritorious on other grounds save and except being a graduate.

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The submissions made by the learned counsel for the contesting parties have been duly considered.

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Rule 10, 13 and 14 of the Rule 2005 are quoted herein below for ease of adjudication:-

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“ 10 . The academic qualification and experience of candidates for direct recruitment shall be as prescribed by the appointing authority or Board of Directors of the Corporation provided.

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(a) For the post of Asstt. Development Officer, he must be Graduate with 5 years experience in service.

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(b) Account Assistant: B.Com. passed with 2 years experience in service.

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(c) Jr. Asstt./Recovery Asstt.: PU/HS/Graduate in Arts/Science or Commerce.

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(d) Typist: H.S.L.C./Higher Secondary or equivalent examination passed with diploma in Type Writing with 60 words speed per minute. Preference will be given to those Candidates having experience in Computer Typing.

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(e) Driver: Read up to Class IX with Driving Licence & experience in driving.

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(f) Peon/Chowkidar: Read upto Class VIII/IX

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13 . Promotion:

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Vacancies in the Cadre at Administrative-cum-Development Section and Accounts Section from one cadre to another shall be filled up subject to suitability as may be decided by the Board and by the Appointing Authority qualifications and experience as prescribed hereinafter, an officer shall be Commission as set forth in rule 14 and also subject to possessing eligible for promotion from one cadre to another of the service in the manner provided below:

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In Administrative Section-cum-Development Section :

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i) From Administrative Officer/Zonal Officer to Chief Personnel Officer

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ii) From Dev. Officer/Superintendent to Administrative Officer.

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(iii) From Asstt. Superintendent /Asstt. Dev. Officer / Sr. Asstt. to Superintendent.

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(iv) From development Officer to Zonal Officer/Planning Officer.

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(v) Asstt. Development Officer/Sr.Asstt. to Development Officer.

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(vi) Jr. Asstt. /Recovery Asstt. to AD.O/Sr. Asstt.

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(vii) Jr. Asstt. cum-typist to Sr. Asstt

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(vii) Jr. Engineer to Asstt. Engineer.

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ACCOUNTS SECTION :

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(a) From Accounts Officer to Chief Accounts Officer.

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(b) From Sr. Accountant to Accounts Officer.

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(c) From Accountant to Sr. Accountant.

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(d) Sr. Account Asstt. to Accountant.

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(e) From Account Asstt. / Jr. Asstt. to Sr. Acctt. Asstt.

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(Subject to suitability of any assistant in accounts matter his service may be transferred inter departmentally).

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14. Recruitment by promotion and procedure thereof :

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Before the end of the year, the Appointing Authority shall make an assessment regarding likely number of vacancies to be filled up by promotion during the next year in each cadre according to seniority and shall intimate the same to the Selection Board.

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2 The Appointing Authority shall then furnish to the selection Board the following documents and information with regard to as many officer/staff in order of seniority-cum-merit as four times the numbers of vacancies

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(a) Information about the number of vacancies.

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(b) List of Officers/Staff in order of seniority.

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eligible for promotion (separate list for promotion to different cadres shall be furnished) indicating the cadres to which the case of promotion is to be considered.

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(c) Character rolls of last three years of the members selected for promotion and personal file of the officer/staff listed

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(d) Details about departmental proceeding, allegation, if any against the Officer/Staff

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(e) Any other documents and information as may be considered necessary by the Appointing Authority or required by the Selection Board.

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(f) The Appointing Authority shall simultaneously request the selection board to recommended within one month lists of Officers/Staff found suitable for promotion in order to pretenure In respect of promotion to each of the cadres which requirement is to be made by promotion.

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The selection shall be made on the basis of merit with due regard to seniority in case of promotion.

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4 The selection Board after examination of the documents and information furnished by the Appointing Authority list (s) of Officers/Staff about double the probable of vacancies in order of preference, found suitable for promotion. In case the selection Board does not consider and Officer/Staff suitable for promotion according to seniority, it shall record the reason thereof in writing.

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The Appointing Authority shall consider the list prepared by the selection Board along with character rolls of last three years of the employee and get the list (s) approved by the Board of Directors unless it considers any change in the list received from the selection Board, he shall inform the selection Board of the charges proposed and after taking into account of comments, if any the Appointing Authority shall place the matter before the Board of Directors for approval of the lists with such modification, if any, as may its opinion be just and proper.

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The conclusion of a candidates name in a select list confer no right for promotion unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that a candidate is suitable for promotion.

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The select list (s) shall remain valid for twelve months f rom the approval by the Board of Directors.

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The promotion shall be in accordance with the list finally approved by the Board of Directors.

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9. Selection Board :

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The Board, as referred to rule 6 and 11 shall consist of the following:

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(i) Chairman of the Board of Directors - Chairman

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(ii) Managing Director of the SCDC Ltd- Member

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(iii) Joint Secy, or Deputy Secy. Govt. of Assam WPT & BC Deptt-Member

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(iv) Director of Welfare of Scheduled Caste- Member

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(V) Chief Personnel Officer- Member-Secy

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This Court notices that Rule 10 of the Rules of 2005 relates to academic qualification and experience of candidates for direct recruitment. In the said Rule for a candidate to be eligible for direct recruitment to the post of Assistant Development Officer, he is required to be a graduate with five years experience in service. For direct recruitment to the Junior Assistant or Recovery Assistant, a candidate must be either Pre-University/Higher Secondary or Graduate in

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Arts/Science or Commerce. Rule 10 is conspicuous by the absence of the post of Senior Assistant. This Court is of the opinion that the absence of reference to the post of “Senior Assistant” in Rule 10 is a natural corollary of the concept that the post of Senior Assistant can only be filled up by way of promotion and not by way of direct recruitment. Therefore, the academic qualification and experience of candidates required by Rule 10 for direct recruitment to the post of ADO, would not be applicable for consideration of a candidate for promotion to the post of Senior Assistant which can only be filled up by way of promotion.

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Rule 13, which has been quoted herein above, is specific to the extent that suitability of a candidate would be decided by the Board and by the Appointing Authority in the manner set forth in Rule 14 and subject to possessing qualification and experience as prescribed thereinafter. Thus, this Court is again of the considered opinion that the qualification/experience prescribed after the Rule 13 could only apply in the case of promotions and none of the qualification or experience prescribed in Rule 10 can be brought into play while considering a candidate for promotion under Rule 13 of the Rules of 2005.

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Rule 14 of the Rules, which have also been quoted hereinabove does not lay down the condition that for promotion to the post of Senior Assistant, the qualification of graduate would be necessary qualification.

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The Court’s attention at this stage is drawn to Rule 15 of the Rules of 2005, where the qualifications are again given, which this Court has to understand to relate to the promotions to be effected under Rule 13.

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In Rule 15 of the Rules of 2005 is quoted herein below:-

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“ 15 . Qualification:

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(i) No person shall be eligible for appointment to the service.

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(a) Unless he is a Citizen of India: and

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(b) If he has more than one wife living or in case of a female candidate who has married a person who has one wife living. Provided that the Appointing Authority may, if he is satisfied and there are special grounds for doing so except any person from the operation of this clause.

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(ii) No person who attempts to enlist support for his candidature directly or indirectly by and recommendation either written or oral or by any other means shall be appointed to the service.”

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In view of the aforesaid discussions, it is obvious to this Court that for promotion to the post of Senior Assistant from the post of Junior Assistant, a candidate is required to be considered on the basis of merit with due regard to seniority. The requirement of possessing the qualification of graduation for a Junior Assistant to be considered for promotion to the post of Senior Assistant does not find place in the Rules of 2005. True it may be, as submitted by the learned Additional Senior Government Advocate that for direct recruitment to the post of Assistant Development Officer, the qualification of graduation would be mandatory, but this Court is of the considered opinion that the said qualification cannot be held as mandatory for being considered for promotion to the post of Senior Assistant.

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In view of the aforesaid findings, this Court holds that the petitioner, who is serving as a Junior Assistant and holds the second position in gradation list, is entitled and qualified to be considered for promotion to the post of Senior Assistant on her turn. In fact, her case has been taken up for consideration and she has been found to be otherwise entitled, save and except, the requirement of graduation, which was introduced by the Managing Director of the Corporation, as per notification issued by the Government of Assam. The Rules of 2005 having not been amended to include the provisions of making graduation a mandatory qualification being considered for promotion to the post

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of Senior Assistant, the petitioner had been rightly considered for her promotion by the minutes of the Committee held on 11.04.2023.

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The matter had been forwarded to the Joint Secretary to the Government of Assam, Social Justice and Empowerment Department, Guwahati- 6, on 24.05.2023 and as on today, when the matter has been taken up for hearing, there is no response or representation from the Department.

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In view of the above, this Court directs the respondent No.3 to take necessary steps to ensure the promotion of the petitioner to the post of Senior Assistant is given final effect as per the consideration given by the Board of Directors in the meeting dated 11.04.2023. The respondent No.3 shall take steps to convene the DPC to consider the case of the petitioner for promotion to the post of Senior Assistant without reference to the qualification of graduation since such qualification is not required under the Rules. The final consideration by the DPC required to be convened by this Court shall be done within a period of 3 (three) months from the date of receipt of the certified copy of this order. If the petitioner is found otherwise fit and meritorious, she be afforded the promotion within a period of 1 (one) month from the date of convening of the DPC. In case, she is found disentitled, she be informed accordingly immediately.

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With the above observation and direction, the writ petition stands disposed of.

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No order as to costs.

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JUDGE

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Comparing Assistant

Manjusri Nayak v. the State of Assam and 4 Ors.

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Manjusri Nayak v. the State of Assam and 4 Ors.

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