NICH RAJU Vs. ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) BY this application filed under Article 226 of the Constitution of India, the petitioners, altogether 12 in number, have sought for reliefs) to the extent that advertisement dated 08.12.2006 and the whole selection process including interview held on 16 -17.06.2007 for the post of Assistant Director (Textile and Handicrafts) in pursuance of the advertisement dated 08.12.2006 be set aside. The application was filed on or about 28.06.2007and the notice of motion on the application was issued by this Court on 29.06.2007. Except in the case of Respondent No. 9, the case of the petitioners was contested by the Respondents as by way of filing their affidavits -in -opposition.

(2.) FOR the purpose of considering the application, it may also be considered necessary to make reference to certain facts as disclosed from the pleadings exchanged. The petitioners are stated to have possessed certificate as having qualified for a Diploma in Costume Design and Garment Technology or Handloom Technology. By advertisement dated 08.12.2006, applications were invited from the Arunachal Pradesh Scheduled Tribe (APST) Candidates for filling up of 3(three) posts of Assistant Director (Textile and Handicrafts) under the Textile and Handicrafts Department of the State. The eligibility as regard the educational qualification is also specified in the said advertisement dated 08.12.2006 and the last date for receipt of the applications by the Arunachal Pradesh Public Service Commission, hereinafter referred to as 'the Commission' was also specified as on 17.01.2007. It is the admitted position that in pursuance of the above said advertisement dated 08.12.2006, the written examination was also conducted on 16 -17.06.2007.

(3.) MR . B. Habung, learned Counsel referring to the averments made in the application submits that the petitioners, being diploma holders in Costume Design and Garment Technology or Handloom Technology are eligible for recruitment to the post of Assistant Director (Textile and Handicrafts) in terms of the Arunachal Pradesh Textile and Handicrafts Service Rules, 1999, hereinafter referred to as the '1999 Rules'. Pointing out that the vacancies in the post of Assistant Director (Textile and Handicrafts), in question, having arisen in 1999 and considering that the present exercise of taking selection process is required to be appreciated in the background of earlier litigation that had come up before this Court, the learned Counsel submits that the present selection process for recruitment to the post of Assistant Director (Textile and Handicrafts) is required to be made in terms of 1999 Rules and not in terms of the Rules as amended by the Arunachal Pradesh Textile and Handicrafts Service (Amendment) Rules, 2006, hereinafter referred to as the amendment 'Rules of 2006'. To support the argument that the recruitment referable to advertisement dated 08.12.2006 is to be made in terms of 1999 Rules in the background of the earlier litigation, the learned Counsel has made a reference to the judgment and order dated 20.11.2002 passed by a Division Bench of this Court in the case of Ms Naz Pertin v. State of A.R. Writ Appeal No. 198 of 2002 wherein this Court has set aside the advertisement dated 08.06.2001 as being contrary to the relevant Recruitment Rules and further observed that it shall be open for the State Government to re -advertise the post for filling up the vacancy in accordance with the provisions of 1999 Rules. The learned Counsel has also made a reference to another judgment and order dated 17.01.2006 passed in the Case of Shri Jhumsor Rime and Anr. v. State of A.P. and Ors. (Wherein the present Respondent Nos. 9 and 10 were impleaded as Respondents) as in WP(C) 424 (AP) 2005. In the said case, this Court, having recorded that the petitioners' claims being confined to promotional quota only no relief can be granted to them in this petition and also taking a view that the impugned order dated 08.07.2005 only discloses that Respondent Nos. 4 and 5 have been appointed on contract/adhoc basis for one year only, had directed that the post of Assistant Director (Textile and Handicrafts) in question, be filled up by issuing necessary public advertisement as soon as possible preferably within 3 months. According to him, the advertisement dated 08.12.2006 is in continuation of the process that may be taken up in pursuance of the judgment of this Court and as such the recruitment to the post of Assistant Director (Textile and Handicrafts) is to be made in terms of the 1999 Rules, which was also in force at the relevant time when the judgments referred to above were rendered by this Court. In support of his argument that 1999 Rules shall be applied to the present recruitment process, the learned Counsel has placed the reliance on the decision of the Apex Court rendered in the Case of A.A. Calton v. Director of Education and Anr. as reported in : (1983)ILLJ502SC .