ASSAM PUBLIC SERVICE COMMISSION Vs. PRANJAL KUMAR SARMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the Special Leave Petition (Civil) No. 23677 of 2019. The Assam Public Service Commission (for short "APSC") has approached this Court to challenge the judgment and order dated 8th August, 2019 in W.P. (C) No. 4600 of 2019 whereby the Gauhati High Court struck down a portion of Clause 12.2 of the Assam Public Service Commission (Conduct of Business) Procedure, 2019 (hereinafter referred to as "the 2019 Procedure"). The following portion of Clause 12.2, incorporated with effect from 1st April, 2019, under the 2019 Procedure, was struck down by the High Court.

(3.) The result of the above is that the norms of selection for an ongoing process gets changed mid-stream in course of recruitment, for the 65 vacancies of Assistant Engineer (Civil) under the Water Resources Department for which, the APSC had issued an advertisement on 21st December, 2018 ("Annexure P-I"). On the date of the advertisement, the previous norms i.e. the Assam Public Service Commission (Procedure and Conduct of Business) Rules, 2010 (hereinafter referred to as "the 2010 Rules"), were in operation. The 2010 Rules provided for assessment of academic merit, special knowledge, additional relevant qualification, relevant service experience etc. under Rule 29 and 30, in the following manner: -