MATIUR RAHMAN BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By an advertisement dated 25.11.99,30 posts of Junior Engineer (Civil) and 4 posts of Junior Engineer (Mechanical) in the Public Works Department of the State of Assam, were advertised. The aforesaid advertised posts were later on increased to 54 on the basis of the requisition submitted by the appointing authority. The selection was to be made from the merit list prepared on the basis of written examination and viva voce. The written examination was held on 19/3/2000 and the candidates who had secured qualifying marks in the written examination were initially called for viva voce including the present appellants. We are told that the minimum qualifying marks for being called for viva voce were 110 out of 200. While the interviews/viva voce were going on as stated above, the Assam Public Service Commission on the basis of a report of the committee constituted by it decided in a meeting of the Commission held on 20/7/2001 to cancel the results of the written examination and viva voce. The Commission further decided to call all the candidates for interview irrespective whether they had passed in the written examination or not (as the written examination had been cancelled) including those candidates who had earlier appeared for viva voce as observed above all candidates were called for interview again.

(2.) The appellants before us filed a writ petition WP(C) No. 5295/2001 challenging the cancellation of the written examination as well as their results of the interview. They had also challenged the action of the Assam Public Service Commission in calling them for interview/viva voce again. By an interim order dated 10/8/2001, a learned Single Judge of this Court allowed the interview to go on but directed that the results thereof be not declared. We are told that in response to the call for the interview after the cancellation of the written examination as well as first interview many candidates did appear for interview. However, the learned counsel for the appellant, stated that all the appellants or some of them did not appear in response to the second call for the interview as they had filed a writ petition before this Court.

(3.) The writ petition was dismissed by the learned Single Judge by the impugned judgment and order dated 10/1/2002 holding that there was nothing wrong in the action of the Assam Public Service Commission in cancelling the written examination and the first interview and further there was no infirmity in basing the selection only on the basis of the interview to be held pursuant to the second call for interview. Hence the present appeal.