Guwahati

Don't act on interview results for the time being: Gauhati High Court

Sentinel Digital Desk

Writ Petition over recruitment of veterinary officers

STAFF REPORTER

GUWAHATI: The Gauhati High Court has directed the State Government not to take further action for the time being on the basis of the result declared recently by the Assam Public Service Commission (APSC) for selection of appointees to162 posts of Veterinary Officers and Block Veterinary Officers, Class -B, Class-1 (Junior Grade) under the Animal Husbandry and Veterinary Department.

This directive was issued during hearing of a Writ Petition filed by 21 aggrieved applicants, who have also made the successful candidates respondents in the matter.

It is pertinent to mention that no written test was held in the recruitment process. The APSC had published a list of 621 accepted candidates subsequent to applications received to an earlier advertisement dated July 22 last for the posts in question. The relevant interview was held by the APSC between November 14 and November 21 last and the results were published on November 23.

The counsel for the petitioners challenged the results on the grounds that the APSC failed to follow the procedures laid down in Procedure No 4 (B) and Rule 4(D)(v) of the Assam Public Service Commission (Conduct of Business) Procedure, 2019. The petitioners' counsel argued that as there were more than 500 applicants, the APSC should have proceeded first with the written examination and thereafter with the interview. Secondly, the counsel argued that since there were 621 applicants, even if the interview was held without having the written examination, the APSC should have called the candidates in the ratio of 1:3 as provided at Procedure No 4 (D)(v) of the Assam Public Service Commission (Conduct of Business) Procedure, 2019.

On the other hand, the counsel appearing for the APSC submitted that the petitioners have all participated in the interview without any complain and it was only after the results were declared on November 23 last that the petitioners moved the High Court challenging the results as their names are not in the said list. The APSC's counsel argued that the petitioners cannot challenge the process of recruitment after participating in the recruitment process.

The High Court, however, cited the judgment of the Supreme Court in the case of Raj Kumar and Others Vs Shakti Raj and Others: "It is true… that this Court in Madan Lal v State of J&K and other decisions referred therein had held that a candidate having taken a chance to appear in an interview and having remained unsuccessful, cannot turn round and challenge either the constitution of the Selection Board or the method of selection as being illegal; he is estopped to question the correctness of the selection. But in this case, the Government has committed glaring illegalities in the procedure to get the candidates for examination under the 1955 Rules, so also in the method of selection and exercise of the power in taking out from the purview of the Board and also conduct of the selection in accordance with the Rules. Therefore, the principle of estoppel by conduct or acquiescence has no application to the facts in this case. Thus, we consider that the procedure … as well as the action taken by the Government are not correct in law."

As such, the High Court observed, "This Court after hearing the parties and on perusal of the procedures laid down under the Assam Public Service Commission (Conduct of Business) Procedure, 2019 is of the considered opinion, at this stage, that an interim order is called for. Accordingly, the state respondents are directed not to act on the results published by the APSC on 23rd November, 2022 consequent to the Advertisement No.13/2022 dated 22.07.2022 till the next date."

The High Court further directed to the petitioners to issue notices in two local newspapers - one Assamese and one English - within one week to intimate the 162 respondent candidates regarding resumed hearing of the matter on December s 21.

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