AMOLI TATAK Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-1-195
HIGH COURT OF GAUHATI
Decided on January 29,2018

Amoli Tatak Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

NANI TAGIA, J. - (1.) This writ appeal has been filed by the appellants challenging the Judgment and order, dated 15.02.2018, passed in WP( C) 669 (AP)2017, whereby, the selection process for the post of Upper Division Clerk (for short, 'UDC'), Lower Division Clerk (for short, 'LDC') and Multi-tasking Staffs (for short, 'MTS') held in pursuance of advertisement issued by the Deputy Commissioner, Siang District, Arunachal Pradesh vide Advertisement No. SD/Estt. /ADVT/2017-18, dated 24.07.2017, has been set aside and quashed with further direction to conduct the examination afresh by allowing those candidates who had appeared in the written examination but have crossed the eligibilty age in the circumstances. It may be relevant to mention herein that the appellants Nos. 1, 2, 3 and 4 were the respondent Nos. 5, 4, 6 and 9 respectively in WP (C) 669 (AP)/2017 whereas appellants Nos. 5 to 15 were not a party in the WP(C) 669 (AP)/2017.
(2.) Heard Mr. U.K. Nair, learned Sr. Counsel appearing for the appellants. Also heard Ms. G. Ete, learned Addl. Sr. Government Advocate appearing for State respondent Nos. 1, 2 and 3 and Mr. L. Perme, learned counsel appearing for respondent Nos. 4 &5.
(3.) The facts leading to filing of this appeal be narrated herein briefly:- an advertisement, dated 24.07.2017, was issued by the Deputy Commissioner, Siang District, Arunachal Pradesh vide Advertisement No. SD/Estt./ADVT/2017-18, for recruitment of 12 posts of UDC, 8 posts of LDC and 23 posts of MTS. In pursuance of the aforesaid Advertisement, a selection process was conducted and the result of the written test conducted was published on 05.09.2017. However, a day before the publication of the result, on 04.09.2017 a complaint was lodged by the Students body called 'Siang Districts Students Union' to the Chief Secretary, the Government of Arunachal Pradesh alleging malpractice, illegalities, discrepancies and corrupt practice being committed while the written examination was conducted and the answer papers evaluated. Amongst the host of the allegation made in the complaint, dated 04.09.2017, by the Students' body, one of the allegation was that Sri Rahul Singh, the Deputy Commissioner, Siang District allowed one of the candidate, namely, Ms. Rita Chettry bearing roll No. 474 along with one of the her friend to stay in his official residence and engaged both of them in the evaluation of the answer sheets. As the complaint submitted by the Students' union, as indicated above, failed to yield any result, the petitioners filed the writ petition being WP(C) 669 (AP)/2017 praying for setting aside and quashing of the selection process undertaken in pursuance of the Advertisement, dated 24.07.2017. This Court by an order, dated 18.09.2017, passed in the writ petition, while directing not to proceed further with the selection process pursuant to advertisement, dated 24.07.2017 further directed the Commissioner/Secretary, General Administration, Government of Arunachal Pradesh to cause an inqury to the allegations made with regard to the discrepancies and illegalities committed in the recruitment process undertaken as above an to submit a report on the next date fixed.;


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