Page No.# 1/9 GAHC040012452024 2025:GAU-AP:186 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/421/2024 Mokar Essi and 8 Ors Son of Mimo Essi, resident of Essi Rite, Po and PS Tirbin, Leparada District, Arunachal Pradesh. 2: Miss Nabam Jirnya Age: Occupation : Daughter of Late Nabam Topu resident of village Sekhi PO and PS Yachuli District Lower Subansiri District Arunachal Pradesh. 3: Tobang Lego Age: Occupation : Son of Shri Nato Lego resident of Balek PO and PS Roing Lower Dibang Valley District Arunachal Pradesh. 4: Miss Taba Manya Age: Occupation : Daughter of Shri Taba Teshi resident of New Pitapool Lower Subansiri District Arunachal Pradesh. 5: Miss Jumpu Karga Age: Occupation : Daughter of Shri Marjum Karga Page No.# 2/9 resident of Village Dego Kamki Po and PS Kamba West Siang District Arunachal Pradesh. 6: Miss Toko Amar Age: Occupation : Daughter of Toko Jirjo resident of Village Deed Lower Subansiri District Arunachal Pradesh. 7: Miss Dai Rita Age: Occupation : Daughter of Shri Dai Tatung resident of Chimpu-11 PO RK Mission PS Chimpu Papumpare District Arunachal Pradesh. 8: Miss Menu Tajo Age: Occupation : Daughter of Shri Tanung Tajo resident of F Sector PO and PS Naharlagun Papumpare District Arunachal Pradesh. 9: Nangbia Yalum Age: Occupation : Daughter of Late Nangbia Yalum resident of Village Sonajuli PO and PS Banderdewa Papumpare District Arunachal Pradesh VERSUS The State of AP and 4 Ors through the Commissioner/ Secretary, Department of Secondary Education, Govt of Arunachal Pradesh. 2:The Commissioner/ Secretary Page No.# 3/9 Age: 0 Occupation : Department of Secondary Education Govt of Arunachal Pradesh Itanagar. 3:The Commissioner/ Secretary Age: 0 Occupation : Department of Law and Justice Govt of Arunachal Pradesh Itanagar. 4:The Director Secondary Education Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar. 5:The Special Investigation Team (Crime Branch) Age: 0 Occupation : through the Superintendent of Policed (Crime Branch) Police Head Quarter Itanagar Arunachal Pradesh Advocate for the Petitioner : Lukter Jilen, Geba Lomi Advocate for the Respondent : Taba Tagum, Spl.PP (SIT),SC (Education) BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Date : 05-02-2025 JUDGMENT & ORDER (CAV) Heard Mr. D. Kamduk, learned counsel for the petitioners. Also heard Mr. T. Tagum, learned standing counsel, Education Department, for the respondents. 2. By instituting this writ petition, the petitioners have prayed for a direction to the respondent authorities to complete the selection process for appointment to Page No.# 4/9 the posts of Post Graduate Teacher and Trained Graduate Teacher and issue appointment orders, who have been exonerated in Crime Branch Police Station Case No.07/2021 under Sections 420/468/471/34 IPC, 1860 on the ground that the process of appointment was halted on account of pendency of investigation of the said case. 3. The brief facts of the case is that the petitioners 9 (nine) in numbers have participated and selected for the post of Post Graduate Teacher (hereinafter referred to as PGT in short) and Trained Graduate Teacher (hereinafter referred to as TGT in short) pursuant to an advertisement dated 02.03.2020 issued by the Director of Secondary Education, Government of Arunachal Pradesh for filling up of 31 numbers of posts of PGT & TGT under meritorious sports persons quota. After due process of selection, the petitioners have been selected and enlisted in the select list. In the meantime, before appointment orders could be issued, one Kipa Kaha, the President, Arunachal Pradesh Taekwondo Association (ATA) lodged an FIR before the Special Investigation Team (hereinafter referred to as SIT in short) by alleging that some of the candidates, who are not meritorious sports persons certificate holders, are being recorded under sports person quota in various Departments of Government of Arunachal Pradesh vide dated 25.06.2021. 4. Upon receipt of the said FIR, the SIT has registered the case being CBPS Case No. 07/2021 under Sections 420/468/471/34 IPC. The petitioners and other selected candidates were directed to submit their original documents before the SIT for verification. Pursuant thereto, the petitioners have submitted all relevant documents. After completion of the investigation, the Special Investigation Team has laid the charge-sheet/final report before the Court. 5. It is the contention of the petitioners that they have learnt that out of 31 Page No.# 5/9 selected candidates, no chargesheet has been filed against the petitioners having found that the documents of the petitioners to be genuine and authentic and have been exonerated. In view of above, the petitioners being the selected meritorious sports person candidates approached the Director, Secondary Education, for completion of the recruitment process by issuing appointment orders. On such request vide order dated 08.12.2022, the Director, Secondary Education, has issued a letter addressing to the Superintendent of Police, Crime Branch, SIT to return the seized file and documents of the petitioners. However, the Superintendent of Police vide reply dated 20.04.2022 has stated that SIT would not be able to hand over the original seized documents, but are ready to furnish the scanned copy of the petitioner’s original documents, which was seized as a part of the investigation. The Department of Secondary Education, however, insisted for original documents for completion of selection process. The petitioners filed zimma nama before the competent Court and accordingly, the Court of Judicial Magistrate 1st Class, Yupia vide order dated 30.04.2024 has directed the SIT to release the seized original documents. Upon receipt of the original documents, the petitioners submitted representation on 25.06.2024 along with original documents to the Director, Secondary Education, for completion of the selection process. However, the Director, Secondary Education, even after receipt of the representation along with the original documents has not initiated any action for completion of the recruitment process and no appointment orders have been issued to the petitioners despite the fact that the petitioners are not charge-sheeted but have been found to be genuine and authenticated meritorious sports persons having genuine and authentic certificates. Hence, this petition praying for a direction to issue appointment orders to the petitioners. Page No.# 6/9 6. Mr. D. Kamduk, learned counsel for the petitioners, submits that similar SIT CBPS Case No.07/2021 under Sections 420/468/471/34 IPC was also investigated by SIT against the recruitment of Junior Engineer under the Department of Power, Government of Arunachal Pradesh and the selected candidates, who are meritorious sports persons having authentic documents were exempted from charge-sheet, as Junior Engineers under meritorious sports person quota have approached this Court by filing WP(C) 227 (AP)/2022 and this Court vide order dated 12.03.2024 has allowed the writ petition as they are found to be genuine and authentic as no allegation with regard to certificates has been made out. Therefore, he submits similar relief may be granted to the petitioners. 7. Mr. D. Kamduk, learned counsel, submits that it appears that the Director, Secondary Education, is under wrong impression that the CBPS Case No.07/2021 is still under investigation whereas, the investigation has already been completed and charge-sheet/final report has already been filed before the competent Court and the cognizance has already been taken against all the accused (s), who alleged to have submitted fake and forged documents and the petitioners have been exempted from the charge-sheet having found that the documents with regard to meritorious sports certificates in respect of the petitioners are genuine and authentic. He submits that out of 31 candidates, 21 candidates have been charge-sheeted and the present petitioners have been exempted as the certificates of the petitioners are found genuine and authentic. Therefore, he prays that the respondent authorities may be directed to complete the process by issuing appointment orders to the petitioners. 8. Mr. T. Tagum, learned standing counsel, Education Department, for the respondents, fairly submits that as per the charge-sheet, the petitioners have Page No.# 7/9 been exempted on having found the petitioner’s certificates genuine and authentic. However, since the case is pending for trial, the authority is reluctant to proceed with the selection process by issuing appointment orders to the petitioners and once the trial is over, the selection process shall be completed. 9. I have considered the submissions made by the learned counsel for the parties and also perused the materials available on record. 10. Concededly, the petitioners have participated in the selection process pursuant to the advertisement dated 02.03.2020 issued by the Director, Secondary Education, for filling up of temporary posts of PGT and TGT for meritorious sports person reserved under 5% sports Quota and have been selected. In the meantime, it appears that on registration of case being CBPS No. 07/2021, an investigation has been carried out by the SIT, wherein, the selected candidates including the petitioners were directed to submit/produce the original documents before the investigation authority. Accordingly, the selected candidates including the petitioners have submitted their original documents. On completion of the investigation, charge-sheet/final report has been filed before the Court of Judicial Magistrate, 1st Class, Yupia. Out of 31 candidates, 21 candidates have been charge-sheeted and the present petitioners have been exempted. On zimma nama, the original documents of the petitioners have been returned and same has been submitted to the Director, Secondary Education, for completion of recruitment process pursuant to the advertisement dated 02.03.2020. 11. The investigation reveals that the documents pertain to meritorious sports persons in respect of the petitioners are found to be genuine and authentic. On consideration of the materials, it is seen that the petitioners along with other Page No.# 8/9 selected candidates have participated in the selection process, which has been undertaken in accordance with due selection procedure and they have been selected for the posts of PGT and TGT. The FIR filed and registered as CBPS Case No. 07/2021 reflects that the investigation was of general nature having been alleged of submission of fake meritorious sports certificate. As noted above, on completion of investigation, chargesheet has been laid against some accused persons but no chargesheet has be filed against the petitioners on having been found the certificates of the petitioners genuine and authentic which is as good as exoneration. 12. As noted above, since the petitioners have been selected for the posts of PGT and TGT after due selection process pursuant to the advertisement dated 02.03.2020 and the selection process could not be completed in view of the pendency of the investigation, I am of the view that there is no reason as to why the selection process shall not be directed to be completed and thereafter the appointment orders be issued to the petitioners in the facts and circumstances of the present case, although this court is not oblivious of the law that mere selection would not accrued an indefeasible right for appointment. 13. The Coordinate Bench of this Court in the case of Ralung Rigom and another Vs. State of Arunachal Pradesh & Others in WP(C) 227(AP)/2022 vide judgment and order dated 12.03.2024 in respect of the similarly situated case pertaining to the selection of Junior Engineer in the Power Department, has allowed the writ petition with a direction inter-alia, to declare the results of viva voce/personality test and on declaration, shall proceed to effect appointments against the posts advertised on having found that the certificate of the petitioners (in that case) genuine. 14. Having considered the matter in its entirety, I am of the view that the Page No.# 9/9 petitioners having been selected in the selection process pursuant to the advertisement dated 02.03.2020 for filling up of PGT and TGT and having been found the certificates of meritorious sports person to be genuine, the respondents authorities are deserved to be directed to complete the selection process and issue appointment orders to the petitioners. 15. Accordingly, it is directed that the respondent authorities in the Education, Government of Arunachal Pradesh are directed to complete the selection process and issue appointment orders to the petitioners within a period of 1 (one) month from today. 16. Writ petition stands allowed and disposed of. However, no order as to cost(s). JUDGE Comparing Assistant