The State of Arunachal Pradesh and 4 Ors v. Rosy Taba and Anr

PageoNo.#o1/4 GAHC010164972023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2125/2023o

1.oTHEoSTATEoOFoARUNACHALoPRADESHoANDo4oORS.o THROUGHoTHEoCHIEFoSECRETARY,oGOVT.oOFoARUNACHALoPRADESH,o ITANAGAR. 2:oTHEoCHIEFoSECRETARY, oGOVT.oOFoARUNACHALoPRADESH, oITANAGAR. 3:oTHEoSECRETARY, oDEPTT.oOFoADMINISTRATIVEoREFORMS, oGOVT.oOFoARUNACHALoPRADESH, oITANAGAR. 4:oTHEoUNDERoSECRETARY, oDEPTT.oOFoADMINISTRATIVEoREFORMS, oGOVT.oOFoARUNACHALoPRADESH, oITANAGAR. VERSUSo

1.oROSYoTABAoANDoANRo W/OoCHAKTERoGONGO,oPRESENTLYoRESIDINGoAToVIVEKoVIHAR,o QUARTERoNO.o81,oTYPE-oIII,oP.O.-oR.K.oMISSION,oITANAGAR,oP.S.-o ITANAGAR,oDIST.-oPAPUMPARE,oARUNACHALoPRADESH. 2:THEoSCREENINGoCOMMITTEE oCONSTITUTEDoVIDEoORDERoDATEDo11.01.2023oFORoSCREENINGoTHEo APPLICATIONSoRECEIVEDoFORoTHEoPOSToOFoCHAIRMANoANDoMEMBERSo OFoARUNACHALoPRADESHoPUBLICoSERVICEoCOMMISSIONoTHROUGHoITSo CHAIRMAN,oSHRIoRAMESHoNEGI,oIASo(RETD.)o Page No.# 2/4 Linked Case : I.A.(Civil)/2111/2023 THE STATE OF ARUNACHAL PRADESH AND 2 ORS. REP. BY THE CHIEF SECRETARY GOVT. OF ARUNACHAL PRADESH ITANAGAR 2: THE SECRETARY DEPARTMENT OF ADMINISTRATIVE REFORMS GOVT. OF ARUNACHAL PRADESH ITANAGAR. 3: THE JOINT SECRETARY DEPARTMENT OF ADMINISTRATIVE REFORMS GOVT. OF ARUNACHAL PRADESH ITANAGAR. VERSUS COLONEL KOJ TARI AND 3 ORS. S/O LATE KOJ HANYA VILL.- DUTTA P.O. AND P.S.- ZIRO DIST.- LOWER SUBANSIRI ARUNACHAL PRADESH. 2:THE COMMISSIONER TO THE HON'BLE GOVERNOR ARUNACHAL PRADESH, ITANAGAR. 3:THE SCREENING COMMITTEE REP. BY ITS CHAIRMAN SHRI RAMESH NEGI IAS (RETD.) O/O ADMINISTRATIVE REFORMS., ARUNACHAL PRADESH CIVIL SECRETARIAT, BLOCK NO. 4, ITANAGAR. 4:THE SECRETARY TO THE ARUNACHAL PRADESH PUBLIC SERVICE COMMISSION (APPSC) ITANAGAR, ARUNACHAL PRADESH.

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For the Applicant(s) : Mr. I. Chowdhury, Advocate General, Arunachal Pradesh

assisted by Mr. N.N.B. Choudhury, Additional Advocate General, Arunachal Pradesh. For the Respondent(s) : Mr. J. Patowary, Advocate [for respondent No.1 in I.A. (Civil) No.2125/2023]

Mr. B. Kaushik, Advocate [for respondent No.1 in I.A.(Civil) No.2111/2023]

– B E F O R E – HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE MITALI THAKURIA

31.07.2023

The instant Interlocutory Applications, I.A.(Civil) No.2125/2023 and I.A. (Civil) No.2111/2023 have been filed seeking clarification of the order dated

09.06.2023 passed by this Court in WA No.205/2023 and WA No.203/2023. Mr. I. Chowdhury, learned Advocate General, Arunachal Pradesh submits that since one Member and the Chairman, who were simultaneously selected along with the respondents herein in the process for selection of Chairman and Members of the Arunachal Pradesh Public Service Commission (APPSC) have not questioned the decision cancelling their selection, the State may be allowed to proceed with the advertisement dated 28.04.2023, whereby fresh selection was initiated for filling up the posts of one Chairman and 3(three) Members of the Commission. Mr. J. Patowary, learned counsel representing the respondent No.1 in I.A. (Civil) No.2125/2023 and Mr. B. Kaushik, learned counsel representing the respondent No.1 in I.A.(Civil) No.2111/2023, submit that as long as their clients' interests are protected, they do not have any objection to the selection process Page No.# 4/4 being carried forward. In view of the facts and circumstances noted above, we hereby permit the State of Arunachal Pradesh to proceed with the selection process for the posts of Chairperson and one Member of the Arunachal Pradesh Public Service Commission (APPSC) in furtherance of the advertisement dated 28.04.2023. However, in view of the fact that the legality of the decision to cancel the earlier selection process is under challenge in the pending writ petitions, WP(C) No.213(AP)/2023 and WP(C) No.223(AP)/2023, the result of the fresh selection process will be kept in sealed cover and shall not be declared till disposal of the aforesaid two writ petitions. We further request the learned Single Judge to expedite the decision of the writ petitions, WP(C) No.213(AP)/2023 and WP(C) No.223(AP)/2023. The Interlocutory Applications are disposed of accordingly.

JUDGE CHIEF

JUSTICE Comparing Assistant