Decided on September 25,2018

Shehnaz Begum W/O Abu Naser Md Wahid Appellant
State Of Assam And 17 Ors Respondents


Suman Shyam, J. - (1.) Heard Mr. B.D. Das, learned Sr. counsel assisted by Mr. H.K. Sarma, learned counsel for the writ petitioner. Also heard Mr. K.N. Choudhury, learned Sr. counsel for the respondent Nos. 5, 8, 10, 12, 14, 15, 17 and 18, Mr. M. Choudhury, learned Sr. counsel appearing for the respondent No. 16, Mr. A. Matin, learned counsel representing the respondent Nos. 6, 7, 9 and 13, Mr. U. Dutta, learned counsel for the respondent No. 11 and Mr. S.S. Roy, learned Govt. Advocate appearing for the respondent Nos. 3 and 4. Mr. R.K. Talukdar, learned standing counsel, APSC has appeared on behalf of the respondent No. 2.
(2.) The facts of this case, as projected through the pleadings, are that the writ petitioner was earlier engaged as a District Vector Borne Disease Consultant (DVBDC) under the National Vector Borne Diseases Control Programme (NVBCP) in the district of Nagaon by the order dated 02-11-2012 pursuant whereto, she had joined on 03-11-2012. Although the initial engagement of the petitioner was for a period of one year, yet, her engagement as above had been extended by the authorities from time to time and that is how the petitioner is still working as a DVBDC. On 15-12-2012, the Assam Public Service Commission (APSC) had issued an advertisement inviting applications for filling up various posts which included the 14 (fourteen) posts of District Malaria Officer under the Health and Family Welfare (A) Department, Assam. Responding to the said advertisement, the petitioner had submitted her application and thereafter, took part in the screening test conducted by the APSC under Roll No. 0000814. The result of the screening test was declared on 21-08-2015. Since the petitioner had qualified in the screening test, she was called for the viva-voce test to be held on 18-09-2015. Accordingly, the petitioner had appeared in the viva-voce test and she claims to have fared well in the interview. But, when the select list of candidates was published on 17-08-2016, the petitioner's name did not feature therein. Aggrieved thereby, the petitioner has approached this Court by filing the instant writ petition assailing the entire selection process terming it as illegal.
(3.) The challenge made to the select list appears to be on two counts. Firstly, the APSC had prepared the final select list only on the basis of marks obtained by the candidates in the viva-voce test by ignoring their scores in the written test. According to the petitioner, had the final select list been prepared on the basis of the aggregate of scores of the written test as well as viva-voce/ interview then the total marks obtained by her would have secured a place to the petitioner in the select list. Secondly, the petitioner claims that the selection process itself was vitiated by corrupt practices indulged at the instance of the one of the members of the Interview Board, inasmuch as, she claims to have received a phone call from an unknown number asking for money so as to ensure her selection. According to the petitioner, the caller was later identified as one Mofidul Islam, who was serving as Forest Range Officer and shared close relation with one of the members of the Interview Board. Upon obtaining such information, the petitioner had lodged an FIR dated 17-11-2016 before the Addl. Director General of Police, Vigilance and Anti-corruption, Assam, reporting the incident, based on which, ACB P.S. Case No. 18/2016 has been registered under Section 387 of the Indian Penal Code (IPC) read with Section 7 of the Prevention of Corruption Act, 1988 and the matter is currently under investigation by the Anti-corruption Department.;

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