PRANAB BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. K. Boro, learned counsel appearing for the petitioners in the two writ petitions and also heard Mr. D. Nath, learned Government Advocate appearing for the State respondent Nos. 1 and 2 and Mr. P.J. Phukan, learned counsel appearing for respondent No.3.

(2.) These two writ petitions are filed by physically challenged persons who have applied for Grade-IV post in response to advertisement dated 30/12/2018 issued by the office of the Chairman, State Level Police Recruitment Board, Assam whose service was outsourced by the Nodal Department for conducting recruitment process for Grade-III and Grade-IV posts in various Departments of the State Government. It may be mentioned that the advertisement was issued to fill up the back log vacancies reserved for the physically challenged persons.

(3.) After the said advertisement was issued several physically challenged persons of the State applied for the post including the petitioners and for conducting recruitment examination, the State Level Police Recruitment Board was entrusted. After all the necessary formalities were completed examination was conducted by the Police Recruitment Board and in the case of Grade-IV post, the examination was conducted through Digital Viva Test and, when the interview board had completed about 5 to 6 districts there were complains about the manner in which the examination was conducted therefore, the State Level Police Recruitment Board through a press note dated 9/10/2020 kept on hold the recruitment process w.e.f.10/10/2020. Thereafter, by a Notification dated 30/1/2021 issued by the Principal Secretary to the Government of Assam, the Social Welfare Department, cancelled all the Digital Viva interview conducted by the State Level Police Recruitment Board for the 7 districts and at the same time announced that the recruitment process would be carried out by the Gauhati University by utilizing the application forms already collected by the State Level Police Recruitment Board. Being aggrieved by the said Notification and the mode of recruitment process adopted by the University, which is not done through Digital Viva/interview, the petitioners are before this Court praying for issuance of appropriate writ or order or direction directing the respondents not to cancel the Digital Viva interview already completed, and also to direct the respondents to continue the interview through Digital Viva/interview.