WP(C) 5559/2009 BEFORE THE HON’BLE MR. JUSTICE RANJAN GOGOI. THE HON’BLE MR. JUSTICE B. K. SHARMA Ranjan Gogoi, J. By our judgment dated 3.9.2009 in WP(C) No.2755/2009 and other connected cases, reported in 2009 (4) GLT 648, we had set aside the select list dated 15.8.2009 p repared by the Assam Public Service Commission for appointment in the Assam Civi l Service and allied Services leaving it open for the Commission to take furthe r steps in the matter in the light of the observations contained in our order an d the law laid down by the Apex Court as referred to therein. Though a considera ble time has elapsed further action in the matter has not been taken by the Publ ic Service Commission till today. The Bench is informed that the aforesaid delay has occurred, primarily, on account of the pendency of these two cases. Having regard to the importance of the matter and the public interest involved, we had, by order dated 21.12.2009 passed in WP(C) No.5559/2009, departed from th e normal procedure and had required the Public Service Commission to perform the acts specifically recorded in the said order in order to shorten the period of these litigations so as to enable the Public Service Commission to act according ly. In WP(C) No.5108/2009 the writ petitioner who has been found to be a member of t he ST(P) by the State Level Scrutiny Committee pursuant to our order dated 2.9.2 009 passed in WP(C) No.2754/2009 and other connected cases seeks a direction for issuance of the concerned ST(P) certificate to him by the appropriate authority of the State. The claim made therein has been challenged by one Debajyoti Deuri who has been impleaded as respondent No.6 in WP(C) No.5108/2009. The aforesaid person i.e. Debajyoti Deuri has also instituted the connected writ petition i .e. WP(C) No.5559/2009 seeking interference with the findings of the State Level Scrutiny Committee. The Bench was informed that the writ petitioner in WP(C) No.5559/2009, Sri Debaj yoti Deuri, as per his assessment, would be placed at serial No.1 of the waiting list of candidates selected for appointment in the ACS and other allied Service s, as may be. It has also been submitted before us that one candidate whose sele ction is certain i.e. Sri Biswajit Pegu, has in the meantime been selected to th e IAS and is presently undergoing training in Lal Bahadur Shastri National Acade my of Administration, Mussoorrie. In the event the aforesaid Biswajit Pegu does not join the Assam Civil Service the writ petitioner Sri Debajyoti Deuri, accord ing to learned counsel, would come in the main list of selected candidates. In t hat event, we are told that the writ petitioner Sri Debajyoti Deuri would not p ress the prayers made in the writ petition i.e. WP(C) No.5559/2009. The above facts and the imminent necessity of prompt further action in the matte r by the Commission in terms of our earlier order had led us to pass the order d ated 21.12.2009 by which we had required the Public Service Commission to ascert ain from Sri Biswajit Pegu as to whether he would be willing to join the Assam C ivil Service in the present circumstances in the event he is to be selected. The reply of Sri Biswajit Pegu, which has been placed before us, is in the negative . In the aforesaid circumstances, we do not find it necessary to go into the merit s of the rival contentions raised in either of the writ petitions. We, therefore , close both the writ petitions by requiring the Assam Public Service Commission to take necessary and prompt steps in terms of our earlier order dated 3.9.2009 in WP(C) No.2755/2009 and other connected cases. In view of the materials placed before the Court by the Public Service Commissio n that Sri Biswajit Pegu is not interested in joining the Assam Civil Service, t he Assam Public Service Commission is at liberty to take further action in the m atter on the said basis. Both the writ petitions shall stand disposed of in the above terms. Naturally, the concerned authority will now take steps to issue the ST(P) certif icate to the petitioner in WP(C) No.5108/2009, Juga Krishna Rajbongshi. The communications placed before the Court by the Public Service Commission, as referred to above, be kept on the record of the case.