JUDGMENT : KARDAK ETE 1. Heard Mr. D. Panging, learned counsel for the petitioners. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondent Nos. 1 & 4 and Mr. T. Tagum, learned Standing Counsel, Health & Family Welfare Department, for the respondent Nos. 2 & 3. 2. Challenge made in this writ petition is to the order dated 27.02.2024, issued by the Secretary (H&FW), Government of Arunachal Pradesh, Itanagar, whereby a fresh recruitment process has been decided to be conducted for filling up the posts of Contractual Nursing Officers (ICU) in respect of 3 (three) District Hospitals, i.e. District Hospital Seppa, East Kameng District; District Hospital, Daporijo, Upper Siang District; and Gyati Taka General Hospital, Ziro, Lower Subansiri District, while other District Hospitals have been allowed to continue the recruitment process pursuant to the Advertisement dated 18.07.2023, issued by the Mission Director, National Health Mission, for filling up of Contractual Nursing Officers (ICU) in 12 hospitals across the State of Arunachal Pradesh. 3. The petitioners, 24 in numbers, are holders of Bachelor Degree in Nursing or Diploma in General Nursing and Midwifery and registered with the Arunachal Pradesh Nursing Council. An advertisement dated 18.07.2023, was issued by the Mission Director, National Health Mission, inviting applications for filling up of 75 posts of Contractual Nursing Officers (ICU) in 12 District Hospitals across the State of Arunachal Pradesh, out of which, 8 posts were allotted to the District Hospital, Seppa, East Kameng District. Pursuant thereto, the petitioners have applied for 8 posts allotted to the District Hospital, Seppa, East Kameng District. The recruitment process was to be conducted by the District Medical Officer of the respective districts for the posts allotted to the districts. The petitioners, having been found eligible, appeared in the written examination conducted on 21.08.2023, wherein 81 candidates have participated. The result was declared on 22.08.2023 by the District Medical Officer, Seppa, East Kameng District, whereby the petitioners were declared qualified in the written examination and were called to appear in the Objective Structured Practical Examination (Competency-Based Skill Test) scheduled for 23.08.2023. 4. The result was declared on 22.08.2023 by the District Medical Officer, Seppa, East Kameng District, whereby the petitioners were declared qualified in the written examination and were called to appear in the Objective Structured Practical Examination (Competency-Based Skill Test) scheduled for 23.08.2023. 4. It is the contention of the petitioners that after the declaration of written examination result on 22.08.2023, some unsuccessful candidates, who could not qualify for Objective Structure Practical Examination (OSPE), submitted an unsigned representation to the Deputy Commissioner, East Kameng District alleging certain irregularities in the selection process, which was intended only to sabotage the selection process having found themselves not qualified. On the basis of such representation, a meeting was held on 23.08.2023 under the chairmanship of Deputy Commissioner, East Kameng District, which was attended by the Superintendent of Police, District Medical Officer (DMO), District Reproductive and Child Health Officer (DRCHO), representatives of various student unions, candidates, some lawyers representing some of the candidates, parents, and members of the media. In the meeting, it was decided that the OSPE will be conducted as per the schedule on 23.08.2023, but the declaration of its result would be withheld until completion of an inquiry into the alleged lapses and constitution of a committee for that purpose. Pursuant to this decision, the OSPE was conducted on 23.08.2023, wherein the petitioners have participated. However, in terms of the decision taken in the meeting, the result of the OSPE was not declared. 5. It is contended that the recruitment process pursuant to the advertisement dated 18.07.2023 was conducted in all the districts for filling up of the Contractual Nursing Officers (ICU). Although certain complaints were lodged by some associations and the student unions alleging malpractice in the recruitment process for some districts, there was no specific allegation of malpractice relating to the recruitment process in East Kameng District. Nevertheless, by order dated 24.08.2023, the Mission Director, National Health Mission, in view of the said complaints, kept the entire recruitment process on hold. 6. The Secretary, Health and Family Welfare, vide letter dated 29.08.2023, sought detailed report form all the Deputy Commissioners with regard to the recruitment process, along with their recommendations as to whether the recruitment process should be cancelled or re-conducted. 6. The Secretary, Health and Family Welfare, vide letter dated 29.08.2023, sought detailed report form all the Deputy Commissioners with regard to the recruitment process, along with their recommendations as to whether the recruitment process should be cancelled or re-conducted. In compliance, the Deputy Commissioner, East Kameng District, submitted a report on 30.08.2023 to the Secretary, Health & Family Welfare, recording no findings of any anomaly in the selection process conducted on 21.08.2023 in respect of District Hospital, Seppa. However, recommended that the recruitment process be re-conducted. 7. The Secretary, Health & Family Welfare, Government of Arunachal Pradesh, vide impugned order dated 27.02.2024, decided that a fresh recruitment process would be conducted for filling up the posts of Contractual Nursing Officer (ICU) in respect of District Hospital, Seppa; District Hospital, Daporijo; and Gyati Taka General Hospital, Ziro on the ground that the Objective Structured Practical Examination (OSPE) could not be conducted due to various representations and complaints received from candidates and other public spirited persons and thus, the recruitment process remained incomplete. 8. The petitioners contended that the findings recorded by the Secretary in the impugned order is factually incorrect, inasmuch as the OSPE was, in fact, conducted on 23.08.2023, and no complaint was lodged by any candidate alleging infirmity in the selection process. It is further contended that in respect of other District Hospitals where similar complaints were made, the Secretary, Health & Family Welfare allowed the recruitment process to be completed on the ground that no incriminating material was found to substantiate the allegations of malpractice. 9. Mr. D. Panging, learned counsel for the petitioners, submits that the finding of the Secretary, Health & Family Welfare, to the effect that the recruitment in respect of District Hospital, Seppa remained incomplete on account of OSPE not being conducted, is wholly incorrect as the OSPE was, in fact, conducted on 23.08.2023 in accordance with the decision taken in the meeting held on that date. Consequently, the Secretary’s finding is based on an incorrect premise, and the decision to re- conduct the recruitment process is therefore founded on a factually erroneous basis. Therefore, he submits that the impugned order dated 27.02.2024, insofar as it pertains to District Hospital, Seppa, is liable to be interfered with. 10. Mr. Consequently, the Secretary’s finding is based on an incorrect premise, and the decision to re- conduct the recruitment process is therefore founded on a factually erroneous basis. Therefore, he submits that the impugned order dated 27.02.2024, insofar as it pertains to District Hospital, Seppa, is liable to be interfered with. 10. Mr. D. Panging, learned counsel, submits that the same mode of examination was adopted in all 12 hospitals where the recruitment process was conducted pursuant to the advertisement dated 18.07.2023. The respondent authorities allowed the recruitment process in respect of Bakin Pertin General Hospital, Pasighat; General Hospital, Aalo; General Hospital, Bomdila; General Hospital, Khonsa; General Hospital, Tezu; District Hospital, Yingkiong; District Hospital, Namsai; and Tomo Riba Institute of Health & Medical Sciences, Naharlagun to be completed, on the ground that there was no incriminating material to substantiate the allegations of anomaly in the recruitment process. Although the Deputy Commissioner, East Kameng District, in his report dated 30.08.2023, made certain observations regarding how the examination process could have been handled better and recommended re-conduct of the exams, the report did not record any specific infirmity or irregularity in the selection process conducted at District Hospital, Seppa. Therefore, the action of the respondent authorities in cancelling the recruitment process at District Hospital, Seppa, while allowing the selection process in the other aforementioned hospitals to be completed, is highly discriminatory and violative of the petitioners’ rights under Articles 14 and 16 of the Constitution of India. He submits that the selection process in respect of District Hospital, Seppa, was not allowed to be completed merely because of vague complaints by candidates who did not qualify in the OSPE. State cannot cancel the recruitment process without valid reasons and act in a discriminatory manner by allowing completion of the same process in other hospitals where the examination process was conducted in the same manner. Moreover, while the advertisement dated 18.07.2023 initially envisaged appointments up to 03.03.2024, appointments for other hospitals have now been issued beyond 31.03.2024, without any justification for denying the same to the petitioners. 11. In support of his submissions, Mr. Panging, learned counsel for the petitioners, relied on the judgment of Hon’ble Supreme Court in the case of Shankarsan Das Vs. Moreover, while the advertisement dated 18.07.2023 initially envisaged appointments up to 03.03.2024, appointments for other hospitals have now been issued beyond 31.03.2024, without any justification for denying the same to the petitioners. 11. In support of his submissions, Mr. Panging, learned counsel for the petitioners, relied on the judgment of Hon’ble Supreme Court in the case of Shankarsan Das Vs. Union of India , reported in (1991) 3 SCC 47 , to project that the decision has to be taken bona fide for appropriate reasons and the state does not have the license to act in an arbitrary manner. He submits that in the instant case, there is no finding of any irregularity in the selection process in respect of District Hospital, Seppa. Therefore, the cancellation of the selection process, while allowing the completion of selection process for other similarly situated candidates in other districts, is totally arbitrary, irrational and discriminatory. Therefore, he submits that the respondent authorities may be directed to complete the selection process by declaring the result of Objective Structured Practical Examination (OSPE) held on 23.08.2023. 12. Mr. Panging, learned counsel for the petitioners, has also referred to the judgment of this Court dated 21.05.2025, passed in WP(C) No. 109(AP)/2024 (Rubu Munya & 5 Ors. Vs. State of AP & 4 Ors.), whereby this Court has held the order dated 27.02.2024, issued by the Secretary, Health & Family Welfare, Government of Arunachal Pradesh, not sustainable and cannot be regarded as a ground for recommending a re-examination of the selection process in respect of the Gyati Taka General Hospital, Ziro. 13. Mr. N. Ratan, learned Additional Advocate General, submits that the Board on 30.08.2023, has recommended for re-conduct of the recruitment of Nursing Officers (ICU) based on several grounds. It was noted that the recruitment examination was delayed in starting due to malfunctioning of the photocopier, which affected printing of the question papers, and the same question papers were being used in other districts. Consequently, there was a possibility of question papers being obtained from other districts before commencement of the exam in East Kameng. He further submits that the frisking of candidates, as per the examination rules, was not conducted; hence, the possibility of phones or other objectionable items being used in the examination hall could not be ruled out. Consequently, there was a possibility of question papers being obtained from other districts before commencement of the exam in East Kameng. He further submits that the frisking of candidates, as per the examination rules, was not conducted; hence, the possibility of phones or other objectionable items being used in the examination hall could not be ruled out. Moreover, regular invigilators were not deployed due to lack of suitable funds, and NHM officials of the district managed the examination. Therefore, he submits that the Secretary, Health & Family Welfare, has rightly issued the impugned order cancelling the recruitment process directing re-conduct of the same. 14. Mr. T. Tagum, learned Standing Counsel, Health & Family Welfare Department, has adopted and subscribed to the submission of learned Additional Advocate General. 15. Due consideration has been extended to the rival submissions of the learned counsel for the parties and also perused the materials available on record. 16. An advertisement dated 18.07.2023 was issued by the Mission Director, National Health Mission, Government of Arunachal Pradesh, inviting applications for filling up of 75 posts of Contractual Nursing Officers (ICU), which were allocated in different General and District Hospitals of 12 Districts, including the Tomo Riba Institute of Health and Medical Sciences (TRIHMS). The District Hospital, Seppa, East Kameng District, was allotted 8 (eight) posts. Pursuant thereto, the petitioners have applied and having been found eligible, appeared in the written examination held on 21.08.2023, wherein 81 candidates appear to have participated, including the petitioners. The result of the written examination was declared on 22.08.2023 by District Medical Officer, East Kameng District, Seppa, whereby the petitioners were declared qualified to appear in Objective Structured Practical Examination (Competency Based Skilled Test), which was conducted on 23.08.2023. It is noticed that after the declaration of written examination result on 22.08.2023, some persons have made a complaint alleging certain anomalies/irregularities in the recruitment process. On receipt of the complaint, a meeting was conducted on 23.08.2023 under the chairmanship of Deputy Commissioner, East Siang District, Seppa, attended by the Superintendent of Police, DMO, DRCHO, representatives of various student unions, candidates and parents. In the meeting, it was decided that the Objective Structured Practical Examination (OSPE) would proceed as scheduled on 23.08.2023; however, the result was to be withheld pending inquiry of the alleged irregularities and the constitution of a committee. 17. In the meeting, it was decided that the Objective Structured Practical Examination (OSPE) would proceed as scheduled on 23.08.2023; however, the result was to be withheld pending inquiry of the alleged irregularities and the constitution of a committee. 17. It is also noticed that some associations and student unions lodged complaints alleging possible malpractice in the recruitment process in respect of Upper Subansiri District. Further, All Arunachal Pradesh Unemployed Nurses Association submitted a complaint to the Mission Director, NHM, regarding alleged malpractices in the recruitment process pursuant to the advertisement dated 18.07.2023. In response, the Mission Director, NHM, vide order dated 24.08.2023, put the recruitment process of Contractual Nursing Officers on hold. Subsequently, the Secretary, Health & Family Welfare, Government of Arunachal Pradesh, issued a letter dated 29.08.2023, seeking detailed report from all the Deputy Commissioners with regard to the recruitment process in their respective districts, along with recommendations regarding the cancellation or re-conduct of the recruitment. Pursuant thereto, a report in respect of East Kameng District, Seppa was furnished on 30.08.2023, including a recommendation, which is extracted herein below: “In order to establish the faith and believe towards the Department and System and considering the issues mentioned above, the recruitment board has to recommend for Re- conduct the examination in the district. It is however a suffering to the candidates already selected in the said exam and we have full sympathy with them and regret the inconvenience caused. It is also recommended to make suitable SOPs for the contractual jobs as well by the Dept and if possible, the exam may be endorsed to any professional body such as APSSB and may be carried out in more secure and safe settings. Also, the practice of photocopying the master question papers needs to be done away with, OMR sheet to be issued to all appearing candidates. And time frame for exam preparation should be more practical and accommodative. Issuance of the Admit Card should be done using Online Portal. Resources should be made available for deploying the facilities of the Education and Police Dept.” 18. Perusal of the report indicates that no serious anomalies or lapses were found in the recruitment process in respect of District Hospital, Seppa, except a few minor aberrations. Issuance of the Admit Card should be done using Online Portal. Resources should be made available for deploying the facilities of the Education and Police Dept.” 18. Perusal of the report indicates that no serious anomalies or lapses were found in the recruitment process in respect of District Hospital, Seppa, except a few minor aberrations. The recommendation for re-conducting the examination in respect of District Hospital, Seppa appears to have been made in order to establish the faith and believe towards the Department and System, along with proposal to follow certain guidelines or Standard Operating Procedures (SOPs) for recruitment of contractual posts. In any case, it does not indicate the existence of any serious anomalies or lapses in the recruitment process for filling up the posts at District Hospital, Seppa. 19. On the basis of the report, the Secretary, Health & Family Welfare, passed the impugned order dated 27.02.2024, by which the recruitment process in respect of Bakin Pertin General Hospital, Pasighat; General Hospital, Aalo; General Hospital, Bomdila; General Hospital, Khonsa; General Hospital, Tezu; District Hospital, Yingkiong; District Hospital, Namsai; and TRIHMS, Naharlagun, was allowed to be completed, while fresh recruitment was directed to be conducted in respect of District Hospital, Seppa; District Hospital, Daporijo; and Gyati Taka General Hospital, Ziro, on the following grounds: “1. That, in order to uphold the recruitment process against the advertisement vide No. APRHM/2022/33 dated 18.07.2023 and ToR issued by the Registrar-cum-Secretary, APNC, Naharlagun vide No.MED/APNC/QP/319/2023 dated 14.08.2023, after the written examination held on 21.08.2023, the skill test was scheduled to conduct w.e.f., 23.08.2023. However, in respect of DH, Seppa and DH, Daporijo, the OSCE (skill test) could not be conducted due to various representations and complaints received from the candidates and other public spirited persons. Thus, the recruitment process remains incomplete in as much as the skill test could not be conducted. Further, on careful perusal of the records, the recruitment process casted shadow of doubt, thereby causing serious question of public confidentiality and sanctity during the selection process. Hence, under such shadow of doubt and discrepancies found during recruitment process in respect of DH Seppa and DH Daporijo, there is no other option besides fresh recruitment process is to be conducted for filling up of Contractual NOS (ICU) in respect of the both health facilities, as such ordered accordingly. 2. Hence, under such shadow of doubt and discrepancies found during recruitment process in respect of DH Seppa and DH Daporijo, there is no other option besides fresh recruitment process is to be conducted for filling up of Contractual NOS (ICU) in respect of the both health facilities, as such ordered accordingly. 2. That, in terms of "General Instructions to Conduct Written Examination and Skill Test" issued by the Registrar-cum-Secretary, APNC, Naharlagun vide No.MED/APNC/QP/319/2023 dated 14.08.2023 under Clause 15, it is categorically provided that the cut off mark to be set up to maintain 1:3 ratio number of posts with candidates, however, in a most disproportionate manner, 35 candidates instead of 21 candidates (3X7=21) is found to have shortlisted against 7 (Seven) posts for appearing OSCE test, thus same is gross violation of the aforesaid instruction to conduct the recruitment process issued by the competent authority. Thus, such change of game after the game started shakes public confidentiality and trust leading to smack suspicion on manner and conduct of the authorities. Under such situation where public confidentiality shakes due to violation of ToR provided to the authority, the said recruitment process can't be allowed to stand. Hence, fresh recruitment process is also to be conducted for filling up of Contractual NOs (ICU) respect of GTGH Ziro, Lower Subansiri District and directed accordingly. 3. That, in absence of any specific or categorical finding supported by any concrete and relevant material that wide spread infirmities in all pervasive nature, there is hardly any justification in law to deny appointment to the selected candidates whose selections were not appointment to the selected candidates whose selections were not found to be, In any manner, vitiated for any one or other reasons. Apart from that substantial effort, both in terms of physical and financial is involved in any recruitment process. Hence, in absence of any incriminating material to substantiate the allegation of any anomalies for recruitment process. Hence, in absence of any incriminating material to substantiate the allegation of any anomalles for recruitment of Contractual Nursing Officers (ICU) for BPGH Pasighat, GH Aalo, GH Bomdila, GH Khonsa, GH Tezu, DH Yingkiong, DH Namsai and TRIHMS, the recruitment process against the mentioned above health facilities is allowed to complete in terms of the contractual recruitment rules and advertisement thereof.” 20. As noted above, the report from the District Medical Officer, East Kameng District, Seppa does not indicate any serious anomalies, lapses, or malpractice in the recruitment process in respect of the District Hospital, Seppa. The ground cited for fresh recruitment in respect of the District Hospital, Seppa is only on the ground that after the written test, the Objective Structured Practical Examination (Competency Based Skilled Test) could not be conducted due to various complaints received from the candidates and other public spirited persons. It was observed that the recruitment process remained incomplete on account of the skill test not being conducted, which according to the authorities, cast a shadow of doubt over the process and raised serious questions regarding public confidence and sanctity in the recruitment process and under such, the recruitment process in respect of District Hospital, Seppa and District Hospital, Daporijo was directed to be conduct afresh. 21. In respect of the Gyati Taka General Hospital, Ziro, this Court vide judgment and order dated 21.05.2025, although in a different context, held the impugned order dated 27.02.2024 not sustainable and could not be regarded as a ground for recommending a re-examination of the selection process and had observed that the efforts of the aspiring candidates as well as of the recruitment agency, there is involvement of huge amount of public exchequer and unless there are compelling reasons, such recruitment process was required to be brought to a logical conclusion and not abandoned or cancelled on trivial grounds. It was further noted that similarly situated candidates who were selected under the same recruitment drive in other districts have been allowed to continue in service. Accordingly, the respondent authorities were directed to consider this aspect and take appropriate steps in accordance with law, keeping in mind the principles of parity and fair treatment. 22. On consideration of the materials, it is noticed that neither the report dated 30.08.2023 nor the impugned order dated 27.02.2024 reflects any findings of serious anomalies, malpractice or lapses in the recruitment process, except a few minor aberrations. 22. On consideration of the materials, it is noticed that neither the report dated 30.08.2023 nor the impugned order dated 27.02.2024 reflects any findings of serious anomalies, malpractice or lapses in the recruitment process, except a few minor aberrations. The impugned order does not record any findings of malpractice or irregularity in the recruitment process in respect of District Hospital Seppa, but relies solely on the ground that the Objective Structured Practical Examination (Competency Based Skilled Test) could not be conducted on the scheduled date, i.e. 23.08.2023, which is contrary to the record as the OSPE was in fact conducted on 23.08.2023, and the petitioners have participated therein. The view of the Secretary, Health & Family Welfare, Government of Arunachal Pradesh appears to be that the recruitment process cast a shadow of doubt, thereby causing serious question of public confidentiality and sanctity and therefore, in view of alleged discrepancies, the recruitment process in respect of District Hospital, Seppa was decided to be conducted afresh, whereas the basic ground of such fresh recruitment sought to be conducted is only to the effect that the OSPE could not be completed, which is contrary to the record and there is no findings with the discrepancies, except a vague observation that some discrepancies existed. 23. Having considered that the grounds for directing fresh recruitment process in respect of District Hospital, Seppa is based neither on any findings of discrepancies or malpractices nor on any completed OSPE related irregularities, but merely on the assertion that the Objective Structured Practical Examination (Competency Based Skilled Test) was not completed and to avoid raising of question of public confidence and sanctity without there being any clear findings, I am of the view that such a decision for fresh recruitment process is not based on any cogent reasons. The records clearly indicates that the OSPE was, in fact, conducted on 23.08.2023, in which the petitioners have participated, and there is no evidence of any discrepancy, lapse, or malpractice in the recruitment process in respect of District Hospital, Seppa, and the primary ground cited for re-conduct of recruitment process is of non- completion of OSPE, which is contrary to the record. In these circumstances, the decision to conduct a fresh recruitment process in respect of District Hospital, Seppa, is arbitrary, irrational, and without any justifiable grounds. 24. In these circumstances, the decision to conduct a fresh recruitment process in respect of District Hospital, Seppa, is arbitrary, irrational, and without any justifiable grounds. 24. It is observed that administrative action, particularly in matters of public employment, must be guided by principles of fairness, reasonableness, and parity. Cancelling a recruitment process that has been conducted in accordance with the advertisement and allowing similar processes in other districts to proceed constitutes manifestly discriminatory treatment. The authorities are expected to act on the basis of credible evidence of irregularity or malpractice, and not on vague or unsubstantiated apprehensions, to prevent unnecessary hardship to candidates and avoid wastage of public resources. 25. In view of the foregoing discussion, the writ petition is allowed. The impugned order dated 27.02.2024, insofar as it pertains to the recruitment process at District Hospital, Seppa, is hereby set aside. The respondent authorities are directed to complete the recruitment process from the stage of declaration of the result of the Objective Structured Practical Examination (Competency-Based Skill Test) within 2 (two) months from the date of receipt of the certified copy of this order. While doing so, the authorities shall ensure strict adherence to all prescribed procedures, guidelines, and SOPs, ensuring transparency, fairness, and compliance with statutory and administrative norms. 26. Writ petition stands disposed of in terms above.