H. N. Sarma, J.— The subject matter of challenge made in this writ petition is the appointment of the private respondents as LDC in the Tourism Department vide impugned order dated 25.8.09 passed by the Secretary, Department of Tourism, Govt. of Arunachal Pradesh. Initially the writ petition was filed jointly by five petitioners but on the prayer of the learned counsel for the petitioners the original petition No. 1, Viz Sri Talley Yaying was struck off from the petition vide order dated 12.3.10 passed in M.C. No. 28710. 2. I have heard Mr. Tony Pertin, learned counsel for the petitioners. Also heard Ms. G Deka, learned Addl. Sr. Govt. counsel for the official respondents and Mr. T. Son, learned counsel appearing for the private respondents. 3. The back ground facts relating to filing of this writ petition are that the petitioners are rendering their service as contingency staff in the tourism department of the State Government and the date of appointment of the petitioners in the Department of Tourism, Govt. of Arunachal Pradesh, Itanagar are reflected as follows: S1. No. Name Appointment Order No. Date of Appointment 1. Smti. Mamang Tayeng Order No. Tou (Estt) 34/99 Pt. Dated 1.2.2000 20.82000 2. Ms. Habung Yarning Order No. Tou (Estt) 26/2002 dated 23 .6.04 27.52002 3. Miss Osunam Pertin Order No. Tou (Estt) 26/2001 dated 15. 11. 07 15.11.07 4. Miss Obonty Pertin Order No. Tou (Estt) 26/2001 dtd. 29.9.08 6.10.07 4. While the petitioners were serving in the aforesaid capacity, five posts of LDC in Group 'C' were sanctioned in the Tourism Department by the State Government after obtaining necessary sanction from the competent authority including the approval of the Finance Department on 8.8.08. Upon such sanction, the Secretary Tourism, proposed to fill up the said post in the manner reflected in note dated 27.2.09 which reads as follows: "The proposal is for seeking relaxation of Section 6 of " the General Arunachal Pradesh Group C (Ministerial) common Recruitment Rules, 2008 to the post of Lower Division Clerk, Group C which may be perused at P-110/C. Five posts each of Lower Division Clerk and Peon have been created for Annini, Anjaw, East Siang, Upper Siang and Daporijo. By virtue of being posts for the districts, recruitment would ideally be under the aegis of Common Recruitment Rules under the District Establishment since our department has no separate ministerial cadre prior to the notification of the above recruitment rule. The Department has proposed that the recruitment to the post of LDCs may be done centrally at the HQ level by regularizing seven existing skilled contingencies who have been doing LDC work for a period ranging from 9 to 5 years. And all have the requisite qualification for the same. As per the RR 10% of the post of LDC is to be filled up through promotion and 90% through direct recruitment. The list of the contingencies is placed at P-118/C. The purpose of creation of the above posts is primarily to create a full fledged Tourism Cadre in every district keeping in view the fact that the Tourism Department is required to be fully geared up to cater to the increased activities that are being taken up by the department. The Government has identified the Tourism sector as a major factor for growth and generation of revenues for the state in future. Against this background it is important that a functional system is put in place whereby there exist a functional unit in every district under the control of the department. However, I do not agree that all the given posts of LDC and Peon be filled up by the existing contingencies. Taking the ratio of 90-10% of the RRs, one post of LDC may be considered to be filled up by one of the existing contingency LDC on the basis of typing test and basic knowledge of Computer application. All of them may compete for the same. As for the other posts, the same may be filled up by direct recruitment. File is submitted for consideration of :- A. One time relaxation of the "the General Arunachal Pradesh Group “C” (Ministerial) Common Recruitment Rules, 2008". B. Permission for central recruitment by the Department of Tourism in lieu of placement of posts to the Deputy Commissioner for recruitment. Submitted for orders." 5. When the matter was placed before the Parliamentary Secretary (Tourism) he made the following note before the Hon'ble Chief Minister of the State which was approved by the authority on 28.2.09: " HCM may like to consider the following: 1. Submitted for orders." 5. When the matter was placed before the Parliamentary Secretary (Tourism) he made the following note before the Hon'ble Chief Minister of the State which was approved by the authority on 28.2.09: " HCM may like to consider the following: 1. One time relaxation of the General Arunachal Pradesh Group "C" (Ministerial Recruitment Rules, 2008 may be arrived. 2. Out of five posts of LDC one post be filled in from amongst the contingency paid employees through limited competitive examination. 3. In view of the fact that although the above five posts of LDC and five posts of Peons have been created against Anini, Anjaw, East Kameng, Upper Siang and Daporijo, but owing to declaration of new tourist circuit to bring the left out parts of the state in the tourism net work, the tourism activities have increased manifold. Hence, there is immediate requirement examinations would be time consuming. Hence, in the exigency of public interest HM/HCM may kindly approve appointment of the following candidates on officiating basis for a period of six months against the places indicated against each. a) Ms. Rektom Jokhio, D/O K. Jokhio b) Ms. Atom Rakhia, W/O Tabia Riang c) Ms. Jaya Longdo, W/O Karbia Neri d) Miss Pern Lajom, D/O Late Toka 4. Against the post of Peon, HM(Tou)/HCM may kindly approve appointment of the following candidates on officiating basis, against the places indicated against each, i) Mrs. Maku - W/O Rungfe Sonam ii) Smt. Mone Hissang, W/O Pacha Sonam iii) Shri Kargam Barn, S/O Dokar Bam iv) Shri Tuma Sono, S/O Lt. Tadung Sono v) Shri Dorjee Tsering. (Kumar Waii) Parl. Secretary Tourism)" 6. Accordingly, terms of the above note ultimately culminated into an order relaxing the recruitment rules. A board was constituted for conducting the typing test of the 12 candidates including the petitioners and private contingency staff and the six respondents as recommended by the Parliamentary Secretary, respondent No.4. The selection and appointment in cadre of LDC which is a Group 'C' post, is regulated and guided by the relevant recruitment rules namely "General Arunachal Pradesh Group 'C' (Ministerial) Common Recruitment Rules, 2008" published vide Notification dated 12.3.08 which provides that the recruitment to the post of LDC is required to be filled up as per the schedule appended to the Rule. As per Rule 90% post of the LDC are to be filled up by way of direct recruitment and 100% by promotion from amongst any Group 'D' staff who has rendered 5 years regular service in the grade of Group D and possessing matriculation or equivalent educational qualification with minimum typing speed of 30 WPM to be qualified by the test conducted by the department. The post is required to be filled up by holding the DPC. In case of direct recruitment the essential qualification is Matriculation or equivalent educational qualification from a recognized Board, a typing speed of 30 w.p.m. and basic knowledge in computer application. The result of the typing test of the candidates including the petitioners and the private respondents so conducted by the Board constituted for the purpose is reflected as follows: S1. No. Name of candidate Total words typed Total mistakes Typing Speed Minute Remarks 1. Ms. Rekton Jokio 34 19 02.6 9th 2. Ms. Atom Rakhia 13 07 012 10th 3. Miss Pern Lajom 33 07 062 8th 4. Miss Jaya Longdo 16 10 012 10th 5. Ms. Mamang Tayeng 62 07 10.08 5th 6. Miss Habung Yarning 64 01 12.8 2nd 7. Sri Talley Yaying 94 29 13 1st 8. Sri Ritu Gurung 57 16 11.4 4th 9. Miss Osunam Pertin 41 02 07.8 7th 10. Sri I. Singh 48 06 08.4 6th 11. Miss Yabin Komut 34 03 062 8th 12. Miss Obonty Pertin 65 07 11.6 3rd 7. Since none of the candidates were qualified in the typing test as per Recruitment Rules, the Secretary Tourism submitted the matte with the following note dated 11.8.09 before the Parliamentary Secretary in charge of the department: "The Govt. had approved the following:-1. One time relaxation of Arunachal Pradesh "Group -C" (Ministerial) Common Recruitment Rules, 2008. 2. One post of LDC to be filled from amongst the contingency employees of the department through limited competitive examination. 3. Appointment of 4 individual as LDCs as under :- (a) Ms Rektom Jokhio, D/O K. Jokhio. (b) Ms. Atom Rakhia, W/O Tabia Riang. (c) Ms. Jaya Longdo, W/O Karbia Neri. (d) Miss Pern Lajom, D/O late Toka Lajom. In keeping with the Recruitment Rules it was ordered by Chief Secretary that typing test is to be conducted. 3. Appointment of 4 individual as LDCs as under :- (a) Ms Rektom Jokhio, D/O K. Jokhio. (b) Ms. Atom Rakhia, W/O Tabia Riang. (c) Ms. Jaya Longdo, W/O Karbia Neri. (d) Miss Pern Lajom, D/O late Toka Lajom. In keeping with the Recruitment Rules it was ordered by Chief Secretary that typing test is to be conducted. Accordingly, a typing test was conducted on 10.08.2009 wherein 8 departmental candidates and 4 proposed direct appointment candidates appeared. The result is at 42/ N. As per the Recruitment Rules the candidates should qualify with a minimum typing speed of 30 words per minute. In the case of APST the minimum typing speed is relaxed to 20 words per minute for probationary appointment for a maximum period of 6 months only and thereafter, they will have to qualify minimum the speed of 30 words per minute failing which the probationary appointment shall be terminated. From the results, it is seen that the highest typing speed per minute is only 13 words. The proposed direct appointment candidates have typing speed of only 1-6 words per minute. From the above, it is seen that the none of the candidates have qualified in the basic requirement of typing test and are therefore not eligible for appointment to the post of LDC. The only other option left is to go in for direct recruitment through advertisement. Submitted for order please." The Parliamentary Secretary forwarded the matter to the Hon'ble Chief Minister who as proposed by the Parliamentary Secretary, approved for appointment of the noted 4 candidates on officiating basis. 8. Accordingly, upon approval for appointment of four private respondents as indicated above they were appointed vide impugned order dated 25.8.09 although their ranks in the typing test were 8, 9, 10 and 10 respectively and against the suggestion of the departmental Secretary. 9. From the above facts as depicted above, now we are to see whether the power as contained in Clause 6 of the aforesaid Recruitment Rule providing power of relaxation has been properly and bonafidely exercised by the authority or not. For ready reference, the Clause 6 of the Recruitment Rule is quoted below: "6. 9. From the above facts as depicted above, now we are to see whether the power as contained in Clause 6 of the aforesaid Recruitment Rule providing power of relaxation has been properly and bonafidely exercised by the authority or not. For ready reference, the Clause 6 of the Recruitment Rule is quoted below: "6. Power to relax : Where the Governor of Arunachal Pradesh is of opinion that it is necessary or expedient so to do, he may, by order for reasons to be recorded in writing and in consultation with the Selection Board relax any of the provisions of these rules with respect to any class or category of person." 10. The object of the power of relaxing the rules is to neutralise an injustice as a result of operation of any rule in respect of any individual employee or class of employees. Such power is reserved to deal with unforeseen situations or circumstances and it is to be exercised in the public interest with a view to maintain integrity and efficiency in service as observed by the Apex Court in the case of R. R. Verma Vs. Union of India reported in AIR 1980 SC 1461 and such power is conferred upon the Government to meet any emergent situation where injustice might have been caused to any education employee or class of employees or where the working of the rule might have become impossible. (Ref: AshokKr. Uppal Vs. State of J & A: reported in (1998) 4 SCC179). Such relaxation is to be used for the purpose of mitigating hardship or to meet specific deserving situation. In exercising the power of relaxation it is also necessary to pass an expressed order. In the case where a selection process has been made while exercising the power of relaxation, the authority must indicate in the advertisement the extent of relaxation. 11. From the materials made available before me including the pleadings of the respondent No.5, I do not find that such an emergent situation arose for total relaxation in the Recruitment Rule. In fact, the service rule has not been at all followed rather a different rule, has been prescribed by the authority, even ignoring the note given by the Secretary Tourism. 12. In fact, the service rule has not been at all followed rather a different rule, has been prescribed by the authority, even ignoring the note given by the Secretary Tourism. 12. There is another aspect of the matter, the writ petitioners all being contingency staffs, they are not regular Group 'D' staff in the department and accordingly, they do not come within 10 % category as per column 12 of the schedule of the Recruitment Rule. In that view of the candidates of both the petitioners and the private respondents must be required to be treated as direct recruit candidate for appointment in the Group 'C' post. It is a disturbing in this case that in the recruitment process only the petitioners alongwith other contingency staff and private respondents were allowed to be participated and apart from not advertising the post, no names were collected from the employment exchange. In fact, the Recruitment test was confined only to 12 persons ignoring the general grievance of the other qualified unemployed persons. The note of the Parliamentary Secretary disclosed that he already suggested the names of the private respondents for appointment which might be the reason for appointing them although they got lesser marks in the typing test then the petitioners and in fact was not all qualified to be appointed as per recruitment rules. 13. Public post is treated as property. All qualified citizens of the State have got right to claim for such a public property. The procedure adopted by the respondent authorities in making the appointment of the private respondents In the instant case has deprived the other intending candidates for the post. They were appointed as pick and choose basis which is per se arbitrary, attracting Article 14 of the Constitution to nullity the action. 14. What emerges from the above discussion are that (a) the exercise of power of relaxation as provided under Clause 6 of the Service Rule cannot be said to have exercised in public interest since no such public interest or emergent situation or hardship to any class I or individual employee has been reflected anywhere in the record. (b) that for filling up the regular post of LDC which is Group 'C' post, no public advertisement was made affording opportunity of eligible candidate and recruitment process was confined only to the petitioners and the private respondents, with some of the contingency staff. (b) that for filling up the regular post of LDC which is Group 'C' post, no public advertisement was made affording opportunity of eligible candidate and recruitment process was confined only to the petitioners and the private respondents, with some of the contingency staff. (c) the private respondents were appointed although their position were much below than the petitioners in the typing test conducted by the Board and could secure the minimum typing speed. 15. The aforesaid irregularities being writ large in the process of recruitment, the appointment of the private respondents cannot stand on the legal scrutiny. In fact the authority by accepting the note of the Secretary Tourism, the post ought to have advertised and in the meantime the contingency staff could have been allowed to function as such till such recruitment is made, they having rendered duties of LDC for a sufficiently long period. But with a view to accommodate the persons of choice the concerned authority ignoring all canon of law and procedure, affirmed the private respondents. 16. In view of the above discussions the impugned order dated 25.8.09 is set aside and quashed. The respondent authorities are directed to fill up the post by following procedure prescribed under the Recruitment Rule as early as possible by making public advertisement The authority shall do the needful to complete the recruitment process as early as possible and at any rate not later than three months from the date of receipt of this order. 17. No costs. _____________