STATE OF ARUNACHAL PRADESH Vs. BIRI TAHA

JUDGEMENT

(1.) Heard Mr. B.D. Goswami, learned Additional Advocate General, State of Arunachal Pradesh for the appellants, assisted by Mr. A. Chandran, Advocate. Also heard Mr. P.K. Tiwari, learned senior counsel for the respondent nos.1 to 4, assisted by Mr. A.R. Gogoi, Advocate.

(2.) This writ appeal have been filed by the State of Arunachal Pradesh against the judgment and order dated 05.04.2019 passed by the learned Single Judge in Writ Petition No.241 (AP)/2017 (Shri Biri Taha & 3 Ors. vs- State of A.P. & Ors.). The writ petition was filed by the four writ petitioners (who are the respondents in the present writ appeal). The learned Single Judge had allowed the writ petition of the petitioners and had set aside the Office Memorandum of the Government of Arunachal Pradesh dated 28th February, 2017 (issued on 02.03.2017), inasmuch as it has prescribed a mandatory requirement of getting 45% marks in the viva-voce for selection.

(3.) Brief facts of the case are that in the State of Arunachal Pradesh, recruitment is made by the Arunachal Pradesh Civil Service in terms the Arunachal Pradesh Civil Service Rules, 2006 which have a statutory application, inasmuch as it has been framed under Article 309 of the Constitution of India. The method of recruitment is given in Rule 5 wherein 80% of the substantive vacancies, which occur from time to time have to be filled by way of direct recruitment and 20% of the remaining vacancies are to be filled on the basis of selection based on merit from amongst the departmental candidates nominated by the prescribed authorities on the basis of their ACRs and viva-voce test which is again to be conducted in terms of Rule 13. For ready reference, Rule 5 is quoted hereinbelow:-