GUWAHATI, India, Feb. 17 -- Gauhati High Court issued the following order on Jan. 20:

1. Heard Mr. A. Phukan, the learned counsel appearing on behalf of the petitioner. Mr. T.J. Mahanta, the learned Senior Counsel assisted by Ms. P. Sarma, the learned counsel appears on behalf of the Assam Public Service Commission; Ms. M. Bhattacharjee, the learned Government Advocate appears on behalf of the State of Assam and Mr. S.K. Deori, the learned counsel appears on behalf of the respondent Nos. 7 and 8.

2. The petitioner herein is aggrieved by the selection and appointment of the respondent Nos. 7 and 8 to the post of Labour Inspector pursuant to the Combined Competitive Services Examinations held in the year 2015. It is under such circumstances, the petitioner has filed the instant writ petition on 12.08.2022 seeking the following reliefs:

"i. A declaration that the evaluation undertaken and done by the respondent authorities is bad in law and is liable to be re-evaluated, re- checked and to award to the petitioner correct marks to the question under scrutiny.

ii. a writ in the nature of Certiorari shall not be issued to set aside/quash the impugned evaluation and under marking meted out towards the petitioner.

iii. To issue a writ in the nature of Certiorari and /or other appropriate writ, order or direction of like nature to set aside and quash the selection and appointments of the respondents no. 7 and 8 as Labour Inspectors.

iv. A writ in the nature of Mandamus shall not be issued directing the Respondents to allow appropriate appointment to the petitioner in the cadre of Labour Inspector in the Scheduled Tribes (Plains) Category (Male) or any other appropriate category in accordance with law and /or

v. Alternatively, a writ in the nature of Mandamus shall not be issued directing the Respondents to create a supernumerary post for appointment to the petitioner in the cadre of Labour Inspector in the Schedule Tribes (Plains) (Male) category or any other appropriate category in accordance with law

vi. A writ in the nature of Mandamus shall not be issued directing the Respondents to forthwith cancel/recall/ rescind and/or otherwise forbear from giving effect to the impugned evaluation."

3. Let this Court at the outset deal with the facts which led to the filing of the instant writ petition.

4. The Assam Public Service Commission (for short, "the APSC") issued an advertisement bearing No. 13/2015 dated 03.07.2015 inviting candidates for recruitment to various posts in accordance with the Assam Public Services (Combined Competitive Examination) Rules, 1989. It is pertinent to take note of the various posts which were advertised. It included the posts of Assam Civil Service (Jr. Grade), Assam Land & Revenue Service (Jr. Grade), Assistant Registrar of Cooperative Societies, Labour Inspector, Inspector of Taxes and Inspector of Excise.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfHkIXctYiM3Z3JX0NmGMX8NOvdwQrYW2pGU3A1iDm7cg&caseno=WP(C)/5335/2022&cCode=1&cino=GAHC010162642022&state_code=6&appFlag=)

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