JUDGEMENT
Achintya Malla Bujor Barua, J. -
(1.)Heard Mr. P. Upadhyay, learned counsel for the petitioner. Also heard Ms. R.B. Bora, learned counsel for the state respondent.
(2.)The petitioner states that having passed the LL.B examination in the year 2000, he is a practicing Advocate pursuing with the profession. An advertisement dated 29.08.2008 was issued in the local newspaper The Assam Tribune, inviting applications, for amongst others, for one post of Law Assistant to the Member Secretary of the State Law Commission, Assam, which is stated to be under the Legislative Department. The required educational qualification and experience was stated to be a law graduate from a recognized university having sufficient experience in legal works with three years standing as an Advocate at the bar. The petitioner having met the required qualification and other eligibility criteria under the advertisement had participated in the selection process conducted by the APSC. The petitioner was issued a call letter for the purpose and was required to appear in an interview, which was held on 05.06.2009. According to the petitioner, he had done extremely well in the interview and that he was duly selected on the basis merit. To that extent, a communication from the Chairperson of the Assam Public Service Commission addressed to the Secretary to the Govt. of Assam, Legislative Department is also annexed, which indicates that the Commission had recommended the petitioner to the post of Law Assistant as advertised.
(3.)It is the grievance of the petitioner that in spite of being so selected by the APSC, the respondent authorities have not issued an appointment letter in his favour. According to the petitioner such conduct on the part of the respondents is arbitrary and without any acceptable reason and therefore, a direction be issued in favour of the petitioner for his appointment.
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