LAWS(GAU)-2023-6-73

HAGE LAMPU Vs. GAUHATI HIGH COURT

Decided On June 21, 2023
Hage Lampu Appellant
V/S
GAUHATI HIGH COURT Respondents

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India has been instituted by the petitioner herein for assailing the select list dtd. 6/5/2016 issued by the Registrar, Recruitment Cell, Gauhati High Court pursuant to the selection process held vide advertisement No.HC.XXXVII-29/2015/815/R.Cell dtd. 17/7/2015, issued by the Gauhati High Court for direct recruitment against 2(two) posts of Grade I officers in the Arunachal Pradesh Judicial Service and seeking issuance of a writ in the nature of certiorari and/or mandamus to quash/modify the select list and direct the respondents to select and appoint the petitioner against one of these posts.

(2.) The petitioner is aggrieved of the minimum marks criterion introduced in the viva-voce conducted during the selection process. The petitioner has questioned the competence of the High Court in introducing the said criterion on the ground that the applicable Rules, i.e. the Arunachal Pradesh Judicial Service Rules, 2006 do not contemplate fixing of minimum marks in viva-voce and thus, as per the petitioner, introduction of such condition in the advertisement is unreasonably arbitrary and ultra-vires the provisions of the Constitution of India.

(3.) Notices of the writ petition were issued to the respondents. Affidavits-in-opposition have been filed on behalf of the respondent Nos.1, 2, 3 and 4.