Fill up MVI vacancies, keep four posts till final order: Gauhati High Court

 STAFF REPORTER

GUWAHATI: The bench of Justice Suman Shyam of the Gauhati High Court disposed of the interlocutory application (civil) (441/2023) of the APSC (Assam Public Service Commission) by granting leave (permission) to fill up 22 vacant posts of MVIs by operating the select list of April 24, 2023. The bench, however, ordered that the four posts of MVIs be kept vacant pending further order(s) in the writ petition. The bench further said that in view of the nature of the controversy involved in the matter, the respondents should keep the select list of April 24, 2023, alive for a period of six months, with effect from April 26, 2023, awaiting the final order in the writ petition.

The six writ petitioners in this writ petition were denied participation in the selection process initiated by the authorities for filling up 26 vacant posts of MVIs in terms of the advertisement notice (10/22) of May 25, 2022. The writ petitioners had approached this court, inter alia, contending that they were eligible to take part in the selection process.

Taking note of the contentions of the writ petitioners, this Court passed an interim order on June 27, 2022, provisionally allowing the petitioners to participate in the selection process. However, the authorities were also directed not to publish the final result of the selection process. Accordingly, the six writ petitioners participated in the selection process. After the conclusion of the selection process, the APSC as well as the Secretary, as applicants, approached this Court by filing the IA(C) with a prayer to modify the interim order of June 27, 2022, passed in W.P.(C) (4281/2022) and allow the APSC to declare the final results of the selection process. The said prayer was allowed by this Court by order on April 12, 2023, and the results were published on April 24, 2023.

The counsel of the APSC placed the final select list before this Court in sealed cover and submitted that four out of the six writ petitioners have emerged as successful in the selection process. However, until such time as the question of their eligibility is finally determined by this Court, no order of appointment can be issued in their favour. The APSC counsel further submitted that since the other two writ petitioners did not qualify in the selection process on merit, no relief can be granted to them in this writ petition.

The counsel for the writ petitioners has also fairly submitted that the only question that would now arise for consideration of this Court in the writ petition is as to whether the four writ petitioners, viz. Sri Kuldip Barman, Sri Dhruva Jyoti Boruah, Sri Partha Pratim Deori, and Sri Pankaj Rajkumar, whose names find place in the final select list, were eligible to participate in the selection process and, to that extent, would they be entitled to appointment orders. The aforesaid aspect of the matter can be decided at the time of the final hearing of the writ petition.

In view of the above and after taking note of the submissions made by the learned counsels for both sides, the respondents are hereby granted leave to fill up the 22 vacant posts of MVIs by operating the select list of April 24, 2023. However, four posts of MVIs shall be kept vacant awaiting further order(s) in the writ petition, the order said, adding that in view of the nature of the controversy involved in the matter, the respondents should keep the select list of April 24, 2023, alive for a period of six months with effect from April 26, 2023, awaiting the final order in the writ petition.

"With the above observation, the order of April 12, 2023, passed in the IA(C) stands modified," the bench ordered.

The bench will finally hear the writ petition in the first week of June.

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