Assam: Select District Malaria Officers Afresh, Gauhati High Court to APSC

Staff Reporter

Guwahati: The Gauhati High Court recently set aside the selection process for the posts of District Malaria Officer and the resultant select list, while further directing the respondent APSC to conduct a fresh selection process for the posts of District Malaria Officer in the available vacancies.

The bench of Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan Nair delivered the order in Writ Appeal No. 27/2019 filed by the appellant challenging the process of selection and list of 14 candidates, which was drawn up on the basis of viva voce marks. The appellant also claimed a member of the interview board had approached her for money to get selected for the post.

The relevant facts, in brief, are that the Assam Public Service Commission (hereinafter to be referred to as “APSC”), on December 15, 2012, had issued an advertisement inviting applications for filling up 14 posts of District Malaria Officer under the Health and Family Welfare (A) Department, Assam.

Pursuant to the said advertisement, the appellant and other interested candidates had submitted their applications for the posts and took part in the screening test. The result of the said screening test was declared by the APSC, whereby 59 candidates were declared as qualified for the viva voce/interview, and the appellant was one of them. Later, the APSC issued a select list of 14 candidates. As the appellant’s name did not figure in the said select list, she assailed the entire selection process, claiming it was illegal.

The bench, while examining the present case in view of pronouncements by the Supreme Court, was of the opinion that the selection process conducted by the APSC for recruitment to the posts of District Malaria Officer cannot be said to be transparent and fair. As observed earlier, out of the 56 candidates who have appeared in the viva voce/interview, the marks of 28 candidates have been altered. The original marks awarded to those 28 candidates were changed, and no justification is supplied for the same.

“Looking to the nature of the irregularities committed, it cannot be said that the candidates who had appeared in the viva voce/interview were awarded the original marks as per their performance,”  the bench observed.

The bench also noted that since almost 8 years have passed since the issuance of the select list by the APSC and no appointment has been provided to any of the selected candidates, it deemed it appropriate to set aside the selection process for the posts of District Malaria Officer and, resultantly, the select list dated August 17, 2016 and the entire selection process for the posts of District Malaria Officer pursuant to the advertisement.

Further, the bench directed respondent APSC to conduct a fresh selection process for the posts of District Malaria Officer on the available vacancies in accordance with law as expeditiously as possible while disposing of the writ appeal.

 Also Read: Assam: Court grants bail to all ten accused in APSC cash-for-job-scam (sentinelassam.com)

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