MAHESWAR SARMAH Vs. ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this petition, the petitioner challenging the legality of the circular issued by the Arunachal Pradesh Public Service Commission (for short "APPSC") bearing NO. PSC-R/14/2000, dated 2.7.2001 for making selection for the post of Accounts Officer/Treasury Officer. The petitioner has been holding the post of Senior Research Assistant (SRA) being regularise with effect from 5.6.1997 having identical pay scale of Superintendent under the Secretariat administration, Government of Arunachal Pradesh. In the advertisement, the applications are invited from the in-service candidates holding the post of Inspecting Auditor, Superintendent of Accounts, Sub-Treasury Officer, Administrative Officer and Superintendent of Secretariat/Heads of Departments having two years service in the respective grades, but the post of Senior Research Assistant has not been included therein, as a result, the petitioner was precluded from making any application for the posts of Accounts Officer/Treasury Officer. Hence the petitioner sought for writ of certiorari/ direction for allowing him to participate in the examination for the aforesaid posts.

(2.) At the time of issuing rule vide order dated 5.10.2001, the petitioner was allowed to participate in the selection process consisting of both written examination and via-voce test to be conducted by the APPSC for recruitment to the posts of Accounts Officer/Treasury Officer and accordingly, the petitioner participated in the examination, but the authority has not yet published the result.

(3.) The APPSC contested the case by filing counter affidavit contending, inter alia, that as per the recruitment rules, for the post of Accounts Officer/Treasury Officer, the incumbent holding the post of Senior Research Assistant is not eligible and as such the petitioner was not allowed to participate. However, pursuant to the interim order passed by this Court, the petitioner was allowed and he participated in the examination.