STATE OF ASSAM Vs. ARABINDA RABHA

JUDGEMENT

(1.) This Writ Appeal by the State of Assam is directed against the Judgment and Order dtd. 7/5/2019 passed in WPC No. 4532/2016 and WPC 2428/2017 whereby the learned Single Judge allowed the two writ petitions setting aside the decision of the State Government to cancel the select list as well as setting aside the impugned Notice dtd. 17/8/2016 issued by the State of Assam expressing their intention to cancel the select list.

(2.) The petitioners had appeared for a selection process conducted by the State of Assam for selection to the post of Assam Forest Protection Force (AFPF) constables in the Forest Department, which was advertised on 23/7/2014 and 24/1/2016. The petitioners were a part of the selected candidates, whose names had figured in the selection list prepared by the Government. However, by notice dtd. 17/8/2016 the Government proposed to cancel the select list on the ground that such list suffered from infirmities of not following the constitutional provisions relating to reservation and also that the same is not in conformity with the Judgments pronounced by the Apex Court regarding the reservation laws and rules.

(3.) W.P.(C) No. 4532/2016 was filed assailing the notice dtd. 17/8/2016, whereby a select list was proposed to be cancelled. W.P.(C) 2428/2017 was filed assailing the subsequent advertisement dtd. 14/4/2017, whereby 132 post of Assam Forest Protection Force (AFPF) constables in the Forest Department, was advertised. The petitioners were apprehensive that in the event of the subsequent advertisement being permitted to be proceeded with, the rights of the petitioners accruing on account of the select list would be frustrated in the event the court upholds their challenge made to the Notice dtd. 17/8/2016 proposing to cancel the selection conducted earlier in point of time by the State of Assam for 104 posts of Assam Forest Protection Force (AFPF) constables in the Forest Department. The petitioners contended that there was no allegation of illegality or fraudulent act being resorted to by the petitioners or any other candidates who had appeared before the selection pursuant to which they were selected and their names appeared in the selection list.