Page No.# 1/29 vs The State Of Assam And 5 Ors on 26 September, 2025
[22.] Let us now refer to the authorities relied upon by the learned counsel
for the petitioners. A co-ordinate Bench of this Court in Asomi Gogoi (Dr.)
(supra) has held that the condition precedent in making an appointment under
Regulation 3(f) of the Regulations would be that the same cannot be against a
permanent sanctioned post already in existence and can be invoked only in a
situation where the administrative authorities are of the view that for the
purpose of administrative exigency, posts beyond the permanent sanctioned
post are required to be created and such posts on being created would last for a
period lesser than 4 (four) months and for which, no consultation with the APSC
would be required. However, in the instant case, as may be noticed, the
advertisement was not preceded by any post/posts being sanctioned or created.
The petitioners were appointed on 22.02.2021 and the posts were
Page No.# 28/29
subsequently sanctioned on 05.03.2021. Therefore, the referred case is not
found to be applicable in the instant case.