MINKAR LOLLEN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. Tony Pertin, learned counsel for the petitioners and Mr. B. L. Singh, learned Senior Government Advocate for the State respondents.

(2.) THE 8 (eight) petitioners before us were candidates for recruitment to the post of Constables in the 1st and 2nd Indian Reserved Battalion (for short "irbn") of Arunachal Pradesh Police. Pursuant to the advertisement dated 25. 9. 2002 (Annexure-P/2 to the writ petition), the petitioners had filed their applications and thereafter they appeared for selection test at Khonsa and Longding in Tirap District of Arunachal Pradesh. However, the petitioners were not allowed to take further participation on the plea that they do not belong to Tirap District and they are the candidates from other Districts and they are not eligible for selection there in Tirap District. The grievance of the petitioners is that as per the Government guidelines and the rules for recruitment, the post of Constables are to be filled up as per the reservation policy of the Government which provides for reservation of 80% of posts for APST candidates in Group 'c' and 'd' and 20% post for non-APST candidates. The petitioners have also relied on the notification dated 27. 8. 1997 issued by the Chief Secretary to the Government of Arunachal Pradesh, Itanagar, which reads as follows : notification No. OM-38/76 (Vol-II) Dated Itanagar, the 27. 8. 1997 In exercise of the powers conferred by clause (4) of Article 16 and in terms of Article 335 of the Constitution of India, the Governor of Arunachal Pradesh is pleased to order that the 80% (Eighty Percent) of the Group 'c' and 'd' posts reserved for the Arunachal Pradesh Scheduled Tribe candidates are to be filled up by direct Recruitment at the District level as per provisions of various Recruitment Rules in force shall be distributed amongst the Districts of Arunachal Pradesh in the following manner : i. 80% post (out of 80% as stated above) shall be reserved for the Arunachal Pradesh Scheduled Tribes candidates from interior Districts including candidates from interior places of the district. II. The remaining 20% (out of 80% as stated above) shall be reserved for the Arunachal Pradesh Scheduled Tribes Candidates belonging to other Districts of the State. III. Appointment to Group 'c' and 'd' posts against the Districts shall be made at the District level as per the ratio as indicated at (I) and (II) above. "

(3.) WE have perused the advertisement dated 25. 9. 2002 issued by the Deputy Inspector General of Police, Itanagar whereby 306 post of Constables are to be filled up in respect of 1st and 2nd Battalion of IRBN in Arunachal Pradesh and the district-wise quota also mentioned in the advertisement that out of 306 posts, 99 posts each were earmarked for Tirap and Changlang Districts and 7 posts each were reserved for other Districts of Arunachal Pradesh. So far the non-APST candidates are concerned there were altogether 55 posts/vacancies. The broad facts of the case as stated above are not in dispute. The case of the respondents is that the notification dated 27. 8. 1997 as quoted above is not applicable to the present petitioners as the posts were not district level posts, the vacancies were in respect of the 1st and 2nd IRBN which are to be filled up from all over the State and the candidates were required to participate in the recruitment process from their respective district only. So far the non-APST candidates are concerned, there was a selection at Chimpu at Itanagar.