Research › Search › Judgment

Gauhati High Court · body

2024 DIGILAW 843 (GAU)

Hibu Tapa S/o Late Hibu Tajang v. Secretary (APPSC)

2024-06-11

MITALI THAKURIA

body2024
JUDGMENT : Heard Mr. H. Lampu, learned counsel for the petitioners. Also heard Mr. A. Apang, learned Senior Counsel cum Standing Counsel, APPSC, for the respondents. 2. This writ petition under Article 226 of the Constitution of India is directed against the impugned Notification dated 30.09.2022, issued by the Secretary, Arunachal Pradesh Public Service Commission, Itanagar vide Memo No. PSC-R(A)/05/2020, whereby the recruitment test, written examination and speed test of stenography for selection to the post of Senior Personal Assistant (SPA), which was conducted pursuant to Advertisement No. PSC-R(A)/05/2020, dated 11.03.2020, issued by the Joint Secretary-cum-CoE, Arunachal Pradesh Public Service Commission, Itanagar, was cancelled due to administrative reasons. 3. The petitioners’ case, in brief, is that in pursuant to the Advertisement dated 11.03.2020, whereby the applications were invited for filling up of 21 numbers of post of Senior Personal Assistant (SPA), which includes 20 posts requisitioned from the Department of Arunachal Pradesh Secretariat Service (General Cadre) and 1 post from Arunachal Pradesh Public Service Commission (APPSC), the petitioners, being the eligible candidates, along with 1397 other candidates, applied for the said post in the prescribed format. Accordingly, the Recruitment Test Examination was held on 28.11.2021 and as per Result Notification dated 10.12.2021, issued by Secretary, APPSC, vide No. PSC-R(A)/05/2020, the present petitioners, along with 263 other candidates, were qualified for the Stenography Speed Test and the Admit Cards were also issued for Stenography Speed Test Examination, which was scheduled to be held on 07.05.2022 & 08.05.2022. Both the petitioners also appeared in the said Stenography Speed Test Examination and out of 265 candidates, both the petitioners were the only candidates to be qualified in the said Stenography Speed Test Examination vide Result Notification No. PSC-R(A)/05/2020, dated 03.06.2022. Thereafter, as per Notification dated 24.06.2022, the Written Examination date was fixed on 30.08.2022 and the Admit Cards were accordingly issued. On the basis of their performance in the Written Examination conducted on 30.08.2022 by the APPSC, the petitioners were qualified to appear in the Interview/Viva Voce, which was scheduled to be held on 27.09.2022. But, on 22.09.2022, vide Notification No. PSC-R(A)/05/2020, it was intimated that the Interview/Viva Voce Test, scheduled to be held on 27.09.2022, was postponed till further order due to administrative reason and it was further directed that the eligible candidates shall stay vigil for further office orders and the date of Interview/Viva Voce test. But, on 22.09.2022, vide Notification No. PSC-R(A)/05/2020, it was intimated that the Interview/Viva Voce Test, scheduled to be held on 27.09.2022, was postponed till further order due to administrative reason and it was further directed that the eligible candidates shall stay vigil for further office orders and the date of Interview/Viva Voce test. But, to the utter shock and surprise, the Secretary, APPSC, vide impugned Notification dated 30.09.2022, vide No. PSC-R(A)/05/2020, cancelled the Recruitment Test, Written Examination and Speed Test of Stenography, which were conducted in terms of Advertisement dated 11.03.2020, on account of administrative reasons and further stated that fresh date for examination will be intimated in due course. On being aggrieved by the said impugned Notification dated 30.09.2022, the petitioners have jointly filed a representation to the Secretary, APPSC, which was received by the APPSC on 03.10.2022, for reconsideration of the impugned cancellation Notification dated 30.09.2022. 4. Mr. Lampu, learned counsel for the petitioners, submitted that the examination conducted by the APPSC for selection to the post of SPA was done following the due process of selection required for employment to a public post. The entire recruitment process for the post of SPA was initiated vide Advertisement dated 11.03.2020, wherein altogether 1399 aspiring candidates applied, and on the basis of the Recruitment Test Examination held on 28.11.2021, total 255 numbers of candidates were qualified for Stenography Speed Test Examination. Thereafter, out of the said 255 candidates shortlisted for Stenography Test held on 07.05.2022 & 08.05.2022, 2 (two) candidates, i.e. the present petitioners, were qualified for Written Examination and on the basis of their performance in the Written Examination, they were selected for Interview/Viva Voce Test, which was scheduled to be held on 27.09.2022. Mr. Lampu further submitted that the petitioners were selected purely on merit. More so, the applications were invited vide said Advertisement dated 11.03.2020 for filling up of 21 numbers of vacant post of SPA and only the present petitioners were qualified for the Interview/Viva Voce Test and in such a situation, the cancellation of the entire selection process and calling for fresh examination is highly unjustified. Moreover, the respondent authorities in APPSC, in the impugned cancellation Notification, did not mention any reason except for administrative reason, which is totally vague for cancellation of all the examinations conducted so far and call for fresh examinations. 5. Mr. Moreover, the respondent authorities in APPSC, in the impugned cancellation Notification, did not mention any reason except for administrative reason, which is totally vague for cancellation of all the examinations conducted so far and call for fresh examinations. 5. Mr. Lampu further submitted that even if for the argument’s sake, it can be assumed that the Interview/Viva Voce Test for any examination can be postponed due to some administrative reason, but scrapping of entire examination process and decision to conduct fresh examination without there being any overwhelming factors warranting such cancellation is arbitrary, unjustified and illegal. Accordingly, it is submitted that it is a fit case wherein this Court can interfere with the impugned Notification dated 30.09.2022, issued by the Secretary, APPSC, Itanagar, and direct the respondent authorities to conduct the Viva Voce Test in terms of Written Examination Result Notification dated 09.09.2022, issued vide No. PSC-R(A)/05/2020. In support of his submission, Mr. Lampu further relied on a decision of Apex Court reported in 2010 0 AIR (SC) 2794. 6. In this context, Mr. A. Apang, learned Senior Counsel cum Standing Counsel for the APPSC, has submitted that the cancellation of the entire examination process was warranted by the compelling circumstances. It is admitted fact that the Viva Voce Test for the post of SPA was scheduled to be held on 27.09.2022. However, in the intervening period, Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, was arrested on 16.09.2022 for alleged question paper leakage and accordingly suspended. The recruitment examination for the post of SPA was conducted by him and therefore, in such a peculiar circumstance, the respondent/ APPSC had initially decided to postpone the Viva Voce Test scheduled to be held on 27.09.2022. But, in the meantime, a representation was received from All Arunachal Pradesh Unemployed Stenographer Association on 27.09.2022 demanding for cancellation of entire SPA recruitment citing numerous irregularities as observed during the examination. On the basis of which, it was decided to cancel the entire examination process as it was conducted by the alleged accused, Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, who is involved in question paper leakage scam and hence, vide Order dated 30.09.2022, the entire recruitment examination process was cancelled. Accordingly, Mr. On the basis of which, it was decided to cancel the entire examination process as it was conducted by the alleged accused, Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, who is involved in question paper leakage scam and hence, vide Order dated 30.09.2022, the entire recruitment examination process was cancelled. Accordingly, Mr. Apang, learned Senior Counsel cum Standing Counsel, APPSC, submitted that considering the availing circumstances, the entire recruitment process of SPA had to be cancelled by the respondent authorities in APPSC and hence, the order of cancellation cannot be considered as arbitrary or malafide in nature. 7. In reply, Mr. Lampu, learned counsel for the petitioner, has submitted that Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, was arrested in connection with the paper leakage of Assistant Engineer (Civil) Examination, 2021 and not in connection with the examination conducted in terms of Advertisement dated 11.03.2020 for the post of SPA. Further, he submitted that the respondent authorities failed to furnish any document which stated to be submitted by the All Arunachal Pradesh Unemployed Stenographer Association on 27.09.2022. The entire process of examination for selection to the post of Senior Personal Assistant (SPA) was duly conducted by the respondent authorities in APPSC and the present 2 (two) petitioners were selected for Viva Voce Test after they appeared in the recruitment test, written examination and speed test of stenography. 8. Considering the submissions made by the learned counsels for both sides, I have also perused the case record and the annexures filed along with the petition. 9. It is a fact that in pursuant to the Advertisement No. PSC-R(A)/05/2020, dated 11.03.2020, issued by the Joint Secretary-cum-CoE, Arunachal Pradesh Public Service Commission, Itanagar, the present 2 (two) petitioners, along with 1397 other aspiring candidates, applied for the post of SPA. It is also seen that and on the basis of the Recruitment Test Examination held on 28.11.2021, total 255 numbers of candidates were qualified for Stenography Speed Test Examination. And, thereafter, out of the said 255 candidates shortlisted for Stenography Test held on 07.05.2022 & 08.05.2022, 2 (two) candidates, i.e. the present petitioners, were qualified for Written Examination and on the basis of their performance in the Written Examination, they were selected for Interview/Viva Voce Test, which was scheduled to be held on 27.09.2022. And, thereafter, out of the said 255 candidates shortlisted for Stenography Test held on 07.05.2022 & 08.05.2022, 2 (two) candidates, i.e. the present petitioners, were qualified for Written Examination and on the basis of their performance in the Written Examination, they were selected for Interview/Viva Voce Test, which was scheduled to be held on 27.09.2022. Further, it is also an admitted fact that Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, was arrested in connection with the paper leakage of Assistant Engineer (Civil) Examination, 2021. However, the respondents failed to produce any documents to substantiate their plea that there was any leakage of paper or other irregularity while conducing the recruitment test, written examination and speed test of stenography for the post of SPA. It may be a fact that the said Shri Taket Jerang, the then Deputy Secretary-cum-Controller of Examination, had also conducted the recruitment process of SPA, but that cannot be the only ground to cancel the entire process for recruitment unless there is any proof or any evidence that there was also leakage of paper or any other misconduct while conducting the process of recruitment for the post of SPA. 10. Further it is seen that as per the Advertisement dated 11.03.2020, the applications were sought from the eligible candidate for filling up the post of 21 numbers of SPA and after the entire process of examination, only 2 (two) candidates, i.e. the present petitioners, were qualified for the Interview/Viva Voce Test and thus, the APPSC has to conduct fresh examination to fill up the 19 numbers of vacant post of SPA. But the grounds, which were brought by the respondents, cannot be a reasonable ground for cancellation of the entire recruitment process, which was conducted in pursuant to the Advertisement dated 11.03.2020. 11. In view of the discussion made above and also considering the entire circumstances of the case, this Court is of the opinion that there cannot be any justifiable reason to cancel the entire selection/recruitment process for the post of SPA conducted by the APPSC in terms of the Advertisement dated 11.03.2020, which was conducted by complying due procedure. 11. In view of the discussion made above and also considering the entire circumstances of the case, this Court is of the opinion that there cannot be any justifiable reason to cancel the entire selection/recruitment process for the post of SPA conducted by the APPSC in terms of the Advertisement dated 11.03.2020, which was conducted by complying due procedure. Accordingly, the impugned Notification dated 30.09.2022, issued by the Secretary, Arunachal Pradesh Public Service Commission, Itanagar vide Memo No. PSC-R(A)/05/2020, is hereby set aside and quashed and the respondent authorities are hereby directed to conduct the Interview/Viva Voce Test for the present 2 (two) petitioners in terms of the written examination result Notification dated 09.09.2022, issued vide PSC-R(A)/05/2020. The said exercise has to be carried out within a period of 1 (one) month from the date of passing of this judgment and order. However, the respondent authorities/APPSC will at liberty to issue fresh advertisement for remaining vacant post of SPA. 12. In terms of above, this writ petition stands disposed of.