ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION Vs. NEELAM TALUM

JUDGEMENT

(1.) Decision would pre-dominantly rest upon facts considered and appreciated in its proper perspective and application of such vital facts to the relevant provisions under the Arunachal Pradesh State Public Service Commission Regulations, 2012 (hereinafter called the '2012 Regulations' ), together with the recent decision of the Supreme Court on the mandatory nature of Instructions issued by Public Service Commission. To avoid any controversy, this judgment will not make reference to any of the Instructions contained in the later guidelines called the Arunachal Pradesh Public Service Commission Conduct of Examination Guidelines, 2017, which came into force with effect from 20.09.2017, that is, on a date after the Advertisement was issued by the Arunachal Pradesh Public Service Commission (in short the'Commission') i.e. on 9.5.2017, in supersession of the 2012 Guidelines. The Instructions obtaining during the relevant period is, therefore, taken into consideration.

(2.) The present four appeals are directed against the Judgment and Order dated 16.9.2019, whereby the two writ petitions i.e. WP(C) 475(AP) 2018 and WP(C) 486(AP)2018, instituted by the private respondents herein, were disposed of by setting aside the Preliminary Examination (Prelims) conducted by the Arunachal Pradesh Public Service Commission (hereinafter called the 'Commission') on 29.07.2018; the Results of the Prelims declared on 02.08.2018 and 16.08.2018 and the Main Examination (Mains) conducted on 10.11.2018, with further direction to the Commission to conduct fresh Preliminary Examination within 8 (eight) weeks by strictly following the Rules, Guidelines, Syllabus etc.

(3.) In so far as the present four appeals are concerned, WA 356/2019 and WA 357/2019 have been preferred by the Commission, represented by learned counsel Mr. D. Baruah, Advocate. The private Respondent Nos.1 to 221 in WA 356/2019 are represented by Mr. A. Hela, Advocate, whereas the private Respondent Nos.1 to 97 in WA 357/2019 are represented by Mr. S. Mow, Advocate. The appellants in WA 358/2019 are represented by Senior Counsel. Mr. K.N. Choudhury and the appellants in WA 359/2019 are represented by Senior Counsel Mr. U.K. Nair, assisted by Mr. H.K. Das, Advocate. The private appellants in the two appeals are such persons who qualified in the Prelims, sat in the Mains but were not impleaded as party respondents in either of the writ petitions. These two appeals are preferred with leave of the Court. The Respondent Nos. 1 to 97 in WA 359/2019 are represented by Mr. S. Mow, Advocate. Mr. N. Dutta, learned Advocate General, Arunachal Pradesh, assisted by Mr. B.D. Goswami, learned Addl. Advocate General, appears on behalf of the State of Arunachal Pradesh. The case records of the related two writ petitions, including the records of WP(C) 636(AP)2018 and WP(C) 604 (AP)2018, as called for, are received.