ASSAM PUBLIC SERVICE COMMISSION Vs. IZAZ YUSUF AHMED

JUDGEMENT

(1.) Heard Mr. C. Baruah, learned counsel appearing for the appellants. Also heard Mr. K. N. Choudhury, learned Senior counsel, assisted by Mr. S. Borthakur and Mr. R. Sensua, learned counsel appearing for respondent No. 1 as well as Mr. H. K. Hazarika, learned State counsel for respondent No. 2 in both the appeals.

(2.) The challenge in these two intra-court appeals is to a common judgement and order dated 06.05.2019, passed in WP(C) 2187/2019 and WP(C) 2188/2019, allowing the writ petitions filed by both the respondent No. 1 (hereinafter referred to as "the candidates") directing the appellants herein either to tick the 'C' series in the OMR Answer Sheets of the respondent No. 1 or, in the alternative, to evaluate their OMR Answer Sheets manually by examiners/evaluators in respect of General Studies paper of Combined Competitive (Preliminary) Examination, 2018, conducted by the Assam Public Service Commission (APSC) for screening the candidates for the Combined Competitive Examination (CCE) Main Examination, 2018 for recruitment to the services/posts of ACS and allied services under the Government of Assam. Further direction was issued to the effect that in case the candidates qualify in the Preliminary Examination, appropriate notification be issued by the APSC authorities allowing them to take part in the Main Examination and that the exercise be completed within a period of one week from the date of receipt of a certified copy of the order.

(3.) The APSC had issued an advertisement No. 9/2018, dated 17.05.2018, for holding Preliminary Examination of CCE, 2018 for screening candidates for Main Examination for filling up a total of 165 posts in Assam Civil Service (Junior Grade) and other allied services. Subsequently, the Government of Assam increased the number of posts by 96 posts and, accordingly, the same was duly notified by the appellants vide Addendum dated 26.06.2018. The Preliminary Examination of CCE, 2018 was to consist of two papers of objective type multiple choice question paper: (i) General Studies and (ii) the subject to be selected from the list of optional subjects given in the said advertisement. Respondent No. 1 in WA 142/2019, who was the petitioner in WP(C) 2187/2019, had opted for Indian History as the optional subject and respondent No. 1 in WA 144/2019, i.e., the petitioner in WP(C) 2188/2019 had opted for Education as the optional subject. The Preliminary Examination was held on 30.12.2018. Result of the Preliminary Examination was uploaded by the Controller of Examinations, APSC, in the website of the APSC on 20.03.2019 and, in such uploaded result, the Roll numbers of the candidates appeared in the list of invalid candidates. The reason for declaring them invalid candidates, as indicated in the uploaded result sheet, was that they had not mentioned the Series (A, B, C, D) in General Studies.