BAPOK BORANG Vs. ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) HEARD Mr. P. K. Tiwari, learned counsel appearing for the petitioner. Also heard Mr. N. Tagia, learned standing counsel for respondent-Commission.

(2.) THE petitioner is a graduate in Civil Engineering and he appeared in the Written Test/examination conducted by the Arunachal Pradesh Public Service Commission ('commission' in short) for recruitment of the post of U. D. C. held on 14th and 15th July, 2007. The petitioner did not appear in the First Paper of General English/general Knowledge but on 15th July, 2007, he appeared in the Mathematics Paper. On his appearance in the said examination, the Commission brought an allegation of impersonation against the petitioner and a decision was taken by the Commission to proceed against him. Accordingly, a show-cause notice was issued vide PSC-R/23/2008 dated 03. 08. 2007 (Annexure-P/1 to the writ petition) and the petitioner replied to the said show-cause notice by his letter 23. 08. 2007 (Annexure-P/2 to the writ petition) denying the allegation of impersonation. The Commission in its meeting held on 06. 09. 2007 considered the show-cause reply submitted by the petitioner and gave a finding that he was found solving the Mathematics problems on the back page of his call-letter with clear intention to help someone. It was further held that the show-cause notice issued to the petitioner was not replied as per the report submitted by the Officiating Principal/centre Superintendent.

(3.) THEREAFTER, the Commission issued another advertisement inviting applications from eligible candidates for the Combined Recruitment Examination of Assistant Engineer (Civil) under the Departments of Hydro Power Development, Rural Works, Public Works, Public Health Engineering and Water Resources. In response to the said advertisement issued in the last part of 2007, the petitioner submitted his application form to the Commission and the said Commission issued a call-letter dated 25. 01. 2008 to the petitioner for written examination alongwith the programme of examination. The petitioner was allotted Roll No. 00091 for the examination scheduled to be held on 1st and 2nd March, 2008 (Annexure-P/3 to the writ petition ). After issuing the aforesaid call-letter, the Commission issued a corrigendum dated 12. 02. 2008 under Cover of Letter No. PSC-R/21/2007 cancelling the aforesaid call-letter and debarring him for a period of 3 years from appearing in the examinations of other State Public Service Commissions and Union Public Service Commission on the ground of impersonation committed by him in the earlier examination conducted by the Commission for recruitment to the post of UDC. The said corrigendum was issued on the basis of findings and decision taken by the Commission in its meeting held on 06. 09. 2007 aforementioned in regard to allegation of impersonation levelled against the petitioner while he was appearing in the examination for recruitment to the post of UDC. The petitioner herein has challenged this corrigendum dated 12. 02. 2008. On receipt of the impugned corrigendum, the petitioner by his letter dated 14. 02. 2008 (Annexure-P/5 to the writ petition) requested the Secretary, APPSC, to reconsider and allow him to appear in the Combined Recruitment Examination of Assistant Engineer (Civil) to be conducted by the Commission on 1st and 2nd March, 2008, followed by another representation dated 19. 02. 2008. The petitioner also requested the Secretary to the Commission to issue a copy of the decision taken by it debarring him from appearing in the examination on the ground of alleged impersonation but the same was not provided to him.