HIBU TAPA Vs. SECRETARY (APPSC)

JUDGEMENT

(1.) Heard Mr. H. Lampu, learned counsel for the petitioners. Also heard Mr. A. Apang, learned Senior Counsel cum Standing Counsel, APPSC, for the respondents.

(2.) This writ petition under Article 226 of the Constitution of India is directed against the impugned Notification dtd. 30/9/2022, issued by the Secretary, Arunachal Pradesh Public Service Commission, Itanagar vide Memo No. PSC- R(A)/05/2020, whereby the recruitment test, written examination and speed test of stenography for selection to the post of Senior Personal Assistant (SPA), which was conducted pursuant to Advertisement No. PSC-R(A)/05/2020, dtd. 11/3/2020, issued by the Joint Secretary-cum-CoE, Arunachal Pradesh Public Service Commission, Itanagar, was cancelled due to administrative reasons.

(3.) The petitioners' case, in brief, is that in pursuant to the Advertisement dtd. 11/3/2020, whereby the applications were invited for filling up of 21 numbers of post of Senior Personal Assistant (SPA), which includes 20 posts requisitioned from the Department of Arunachal Pradesh Secretariat Service (General Cadre) and 1 post from Arunachal Pradesh Public Service Commission (APPSC), the petitioners, being the eligible candidates, along with 1397 other candidates, applied for the said post in the prescribed format. Accordingly, the Recruitment Test Examination was held on 28/11/2021 and as per Result Notification dtd. 10/12/2021, issued by Secretary, APPSC, vide No. PSC- R(A)/05/2020, the present petitioners, along with 263 other candidates, were qualified for the Stenography Speed Test and the Admit Cards were also issued for Stenography Speed Test Examination, which was scheduled to be held on 7/5/2022 and 8/5/2022. Both the petitioners also appeared in the said Stenography Speed Test Examination and out of 265 candidates, both the petitioners were the only candidates to be qualified in the said Stenography Speed Test Examination vide Result Notification No. PSC-R(A)/05/2020, dtd. 3/6/2022. Thereafter, as per Notification dtd. 24/6/2022, the Written Examination date was fixed on 30/8/2022 and the Admit Cards were accordingly issued. On the basis of their performance in the Written Examination conducted on 30/8/2022 by the APPSC, the petitioners were qualified to appear in the Interview/Viva Voce, which was scheduled to be held on 27/9/2022. But, on 22/9/2022, vide Notification No. PSC-R(A)/05/2020, it was intimated that the Interview/Viva Voce Test, scheduled to be held on 27/9/2022, was postponed till further order due to administrative reason and it was further directed that the eligible candidates shall stay vigil for further office orders and the date of Interview/Viva Voce test. But, to the utter shock and surprise, the Secretary, APPSC, vide impugned Notification dtd. 30/9/2022, vide No. PSC- R(A)/05/2020, cancelled the Recruitment Test, Written Examination and Speed Test of Stenography, which were conducted in terms of Advertisement dtd. 11/3/2020, on account of administrative reasons and further stated that fresh date for examination will be intimated in due course. On being aggrieved by the said impugned Notification dtd. 30/9/2022, the petitioners have jointly filed a representation to the Secretary, APPSC, which was received by the APPSC on 3/10/2022, for reconsideration of the impugned cancellation Notification dtd. 30/9/2022.