YAJOM ETE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner seeking a direction to the respondent No.3/the Secretary, Arunachal Pradesh Staff Selection Board (for short, APSSB'), Govt. of Arunachal Pradesh, Itanagar to recommend the name of the petitioner for appointment against any of the post that had fallen vacant due to the resignation of the selected candidates (though, categorically does not refer to any of the select list but from the pleadings and the annexures, it appears that the petitioner refers to select list, dtd. 4/12/2019 issued by the Secretary-cum-Controller of Examination, Arunachal Pradesh Staff Board vide No.APSSB-64/2019).

(2.) The facts leading to filing of the present writ petition insofar it is relevant for adjudication of this case, briefly stated, are, as follows:

(3.) The APSSB has filed a counter affidavit, wherein, while not denying the information furnished to the petitioner and the various letters received from the Department for forwarding of additional names by the APSSB, it has been contended that though the respondent-APSSB was in receipt of those letters, the response to those letters could not be sent to the respective Departments as a vigilance case being SIC (Vig.) P.S. Case No. 07/2020 was registered on 11/4/2020 under Ss. 468 /469 /471 /120B IPC read with Ss. 7/8/13 (1) (b) and 13 (2) of PC Act, 1988, relating to the recruitment conducted by the respondent-APSSB pursuant to the Advertisement, dtd. 9/1/2019 and the Addendum dtd. 31/7/2019 issued by the respondent-APSSB. The respondentAPSSB further contends that recommendation of the additional names could not be made by the APSSB during the validity period of the select list/waiting list prepared for the reasons stated above and since the select list/waiting list has expired on 3/12/2020, the APSSB cannot further act upon the select list/waiting list dtd. 04/12/2019, the validity period of which has already expired. The respondent-APSSB, therefore, contends that no relief sought for by the petitioner in the facts of the present case, can now be granted by this Court.