COLONEL KOJ TARI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Mazumdar, learned Senior Counsel, assisted by Mr. B. Kaushik, learned counsel, appearing on behalf of the petitioner, in WP(C) 223 (AP)/2023, and heard Mr. D Panging, learned counsel appearing on behalf of the petitioner in WP(C) 213(AP)/2023. Also heard Mr. I Chowdhury, learned Advocate General, Arunachal Pradesh, assisted by Mr. S Tapin, learned Senior Government Advocate appearing on behalf of the State respondents and Mr. R.H. Nabam, learned Additional Advocate General, Arunachal Pradesh.

(2.) As agreed to by the learned counsels for the parties, these two writ petitions are taken up for final hearing on 13/11/2023 as both the writ petitions involve identical facts and identical question of law.

(3.) The basic challenges made in these two writ petitions are a decision of the State Cabinet dtd. 29/3/2023, whereby a decision was taken by the Cabinet to recall the appointment notification dtd. 7/2/2023 issued under Article 316(1) of the Constitution of India by the Governor appointing Chairman/Members of Arunachal Pradesh Public Service Commission (hereinafter referred as to AAPSC) pursuant to a selection process initiated vide advertisement dated 21.11. 2022 and the resultant Notification dtd. 18/4/2023, issued by the Governor whereby, the Notification of appointment dtd. 7/2/2023 issued in exercise of power under Article 316(1) of the Constitution of India was recalled. The further challenge is the advertisement dtd. 28/4/2023, whereby, applications were invited for filling up one post of Chairman and 3 (three) post of Members for appointment in APPSC.