Document Fragment View

Matching Fragments

22. To continue with the events leading to filing of these writ applications it has to be also kept in mind that since there was no cut-off date fixed for computing of five years period of service rendered by an Assistant to become eligible to appear in the Limited Competitive Examination as per advertisement, the State Government by its letter dated 4.11.2011 probably in response to certain query made by the Commission had intimated its decision that all such 114 vacancies were only upto 1.4.2008, the cut-off date of computation of five years of service on the post of Assistant will be 1.8.2008 and what is still more significant is that even the requisition sent earlier for 114 posts by way of appointment and thus providing for reservation for different categories as in the case of appointment i.e. 50% posts for reserved category and 50% posts for unreserved category was sought to be revised in this Government decision dated 4.11.2011 by specifically mentioning that for 114 posts only the roaster of promotion instead of roaster of direct appointment shall be made applicable. The Commission accordingly by this letter dated 4.11.2011 was intimated that necessary corrigendum should be issued for clarifying the earlier advertisement No. 12 of 2010. Since this letter of the Government dated 4.11.2011 will have its bearing on the result of all these cases the same is also reproduced in extenso hereinbelow:

(ii) Roaster for the said limited examination will be „roaster for promotion‟ instead of „roaster for appointment‟.
The said decision of the department was communicated to BPSC vide letter no. 3374 dated 4.11.2011 of this department and it was requested to issue necessary explanation/ corrigendum in context of advertisement no. 12/2010. Accordingly BPSC published corrigendum in leading newspapers."
38. Thus, the State Government now has taken a unique decision firstly to stick to the cut-off date of 1.8.2008 as per decision dated 4.11.2011 by giving up its later decision dated 29.6.2012 and reverse its stand on application for roaster of direct appointment as per its original requisition dated 31.7.2009 and not that of promotion as incorporated in its decision dated 4.11.2011.

This in effect would mean that the State Government has again made a complete departure and reversed its decision both in respect of cut-off date as also manner of roaster for filling up 114 posts of Section Officer.

39. In the considered opinion of this Court infact if the manner of filling up 20% post of Section Officer from amongst the Assistant is by way of direct recruitment for the purposes of roaster, the cut-off date cannot be any other date other than that of the advertisement when such posts were advertised for their being filled up i.e. 13.5.2010. If on the other hand they are to be filled up only by way of promotion by holding Limited Competitive Examination, the roaster of direct recruitment cannot be made applicable. There cannot be a mixture of the two as has been sought to be done in the latest decision of the State Government dated 27.6.2013 (Annexure-B to the supplementary counter affidavit).