ONYO APANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The facts and issues involved being same, all these cases are heard together for disposal by this common judgment and order.

(2.) The relevant facts are that the Commissioner & Secretary to the Government of Arunachal Pradesh, Tax & Excise Department issued an advertisement dated 19th September, 2007 inviting applications for 'Walk-in-Interview' for some posts of Group 'C' and 'D', namely, UDC and Assistant Inspector (T & E), LDC-cum-Computer Operator, Constable (T & E) and Chowkidar without conducting any written examination/test. Some unemployed aspirants challenged the said advertisement in WP(C) No. 388 (AP) 2007, which was disposed of by this Court vide order dated 19.11.2007 and set aside and quashed the said advertisement. The State respondents preferred writ appeal being WA No. 49 (AP) 2007. A Division Bench of this Court disposed of the said writ appeal on 08.01.2008 holding that since no recruitment rules are prescribed for selection and appointment of Constables and Chowkidar in the Department of Tax & Excise, the posts of Constables and Chowkidar should be filled up by a method in conformity with Articles 14 and 16 of the Constitution of India so as to ensure selection of the best candidates from a wider base of job seekers. However, the Division Bench of this Court upheld the part of the order of the learned single Judge where direction was issued for making recruitment to the posts of UDC, Assistant Inspector (T & E) and LDC-cum-Computer Operator, in conformity with the Recruitment Rules.

(3.) It may be stated that the petitioners in all the writ petitions were selected in the written test and were called for to appear in the viva-voce test as aforesaid. They support the report of the first enquiry committee and holding of viva-voce test on the basis of result of the written test announced earlier. In the present petition, they challenge the report of the second enquiry committee dated 06.07.2009. It may be mentioned here that the petitioners in WP(C) 408 (AP) 2009 were selected for the post of LDC-cum-Computer Operator in the written examination.