RUBHA CHAPO Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-1-94
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on January 11,2018

Rubha Chapo Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR - (1.) The above 2(two) writ petitions are being related to the same cause of action, propose to dispose of the same by this common judgment and order. Heard Mr. S. Biswas, learned counsel for the petitioners and Mr. S. Tapin, learned Senior Government Advocate appearing for the State respondents. Also heard Mr. R. Sonar, learned counsel appearing for the petitioners in WP(C)565 (AP) 2017. I have gone through the case laws cited by the parties.
(2.) By these applications under Article 226 of the Constitution of India, the petitioners have challenged the legality and validity of the impugned notification issued vide office Memo No. AR-148/2016, dated 04.07.2017, by the respondent No. 1- the Chief Secretary to the Govt. of Arunachal Pradesh, Itanagar and also the order No.SRWD-19/2004(Vol-I)Pt/286, dated 07.07.2017, issued by the respondent No. 2, the Secretary, Rural Works Department, Govt. of Arunachal Pradesh consequent upon a cabinet decision, dated 17.02.2017, in regard to the new method of conduct of the examination for recruitment of all Group-B non-Gazetted post inclusive the Junior Engineer (Civil) in the Rural Works Department, Govt. of Arunachal Pradesh, in consultation with the Arunachal Pradesh Public Service Commission (For short 'APPSC) and in consequence thereto, the advertisement issued by the Department of Rural Works Department vide No.RWC/CORD/Estt/ADVT-582/2017-18, dated 22.02.2017, for recruitment to the post of Junior Engineer (Civil) has been cancelled without effecting amendment to the existing recruitment Rules.
(3.) The respondent No.2, the Secretary, Rural Works Department, Govt. of Arunachal Pradesh in his affidavit-in-opposition has taken the stand that the recruitment rules of 1994 prescribe only for departmental promotion committee to be constituted by the State government. Accordingly, the state govt. has authorised the Arunachal Pradesh Public Service Commission to conduct the Group-B non-Gazetted posts in terms of APPSC (Limitation of Functions) Regulation 1988. The Government has decided to prescribe a Selection Committee which will be the Arunachal Pradesh Public Service Commission (APPSC) and thereby to avoid violation of Articles 14, 16 and 309 of the Constitution of India. It has been further contended that the govt. can make rules and policy in accordance with the enabling provisions of the Constitution of India vide the Cabinet Decision, dated 17.02.2017, the Recruitment Rules, 1994 and the APPSC (Limitation of services) Rules 1998 have been amended and notified by two notifications dated 04.07.2017 vide annexure A and B series. It has been further contended that by the aforesaid Cabinet decision, the Government of Arunachal Pradesh has entrusted the recruitment of all Group-B posts to the Arunachal Pradesh Public Service Commission (APPSC) and subsequently, the State government has issued notification vide No.AR148/2016, dated 4.7.2017, authorizing the Arunachal Pradesh Public Service Commission (APPSC) to conduct recruitment of Group-B (non-Gazetted) posts and thereby dispensed the practice of recruitment by the appointing authority from conducting further recruitment examination. Accordingly, the advertisement for recruitment of Junior Engineer vide No.RWC/COORD/Estt/ADVT-582/2017-18, dated 22.02.2017, was cancelled by order vide No. SRWD-19/2004(Vol-I)Pt., dated 6.7.2017.;


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