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2025 DAILYLAW 5033 (GAU)

The Arunachal Pradesh Public Service Commission v. Tame Hari and 55 Ors

Review Pet./12/2025 · 2025-09-17

Soumitra Saikia

body2025

Judgment text

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Page No.# 1/14 GAHC040015582025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : Review Pet./12/2025 The Arunachal Pradesh Public Service Commission represented by Secretary APPSC, Itanagar, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh. VERSUS Tame Hari and 55 Ors Son of Late Tame Tacho, resident of Hiya Yarda Village, PO and PS Nyapin, Kurung Kumey District, Arunachal Pradesh Bearing Roll No. 103331 2:Hiba Sima Age: 25 Occupation : Daughter of Shri Hiba Achak resident of Sangram PO and PS Sangram Kurung Kumey District Arunachal Pradesh. bearing Roll No. 103015 3:Pinli Karbi Age: 24 Occupation : Son of Shri Depin Karbi resident of Kombo Tarsu Village PO and PS Aalo West Siang District Arunachal Pradesh. bearing Roll No. 100137 4:Chukhu Tallam Age: 29 Occupation : Son of Shri Chukhu Tatam resident of Taib Village Keyi Panyor District Arunachal Pradesh. bearing Roll No. 102288 Page No.# 2/14 5:Debia Ranya Age: 28 Occupation : Son of Shri Debia Hari resident of Papu Nallah Naharlagun Papum Pare District Arunachal Pradesh. bearing Roll No. 103404 6:Nabam Dera Age: 30 Occupation : Son of Shri Nabam Hachang resident of Lekhi Village Nirjuli Papum Pare District Arunachal Pradesh. bearing Roll No. 102605. 7:Gebin Kamki Age: 31 Occupation : Son of Shri Jumge Kamki resident of Dego Kamki Village PO and PS Kamba West Siang District Arunachal Pradesh. bearing Roll No.102128 8:Kipa Pinchi Age: 27 Occupation : Son of Shri Kipa Narbu resident of Pinchi Village PO and PS Nyapin Kurung Kumey District Arunachal Pradesh. bearing Roll No.102085 9:Taba Kunna Age: 25 Occupation : Son of Shri Taba Taji resident of Sagalee Papum Pare District Arunachal Pradesh bearing Roll No.101924 10:Niga Yangfo Age: 29 Occupation : Page No.# 3/14 Son of Shri Tagi Yangfo resident of Yangfo Village PO and PS Seppa East Kameng District Arunachal Pradesh bearing Roll No.10034 11:Debia Mattak Age: 29 Occupation : Son of Shri Debia Tara resident of Chambang Village Papum Pare District Arunachal Pradesh bearing Roll No.10988 12:Techi Dul Age: 29 Occupation : Son of Shri Techi kaku resident of Deb Village Papum Pare District Arunachal Pradesh. bearing Roll No.101493 13:Chopa Welly Age: 30 Occupation : Son of Shri Nana Welly resident of Lellung Village PO and PS Seppa East Kameng District Arunachal Pradesh bearing Roll No.100443 14:Gyamar Vijay Age: 27 Occupation : Son of Shri Gyamar Epik resident of Nyapin Circle Kurung Kumey District Arunachal Pradesh bearing Roll No.100990 15:Miss Dhelina Hangu Age: 30 Occupation : Daughter of Shri Singdhe Hangu resident of Ngaba Village Taliha Upper Subansiri District Arunachal Pradesh bearing Roll No.102802 Page No.# 4/14 16:Antony Pertin Age: 30 Occupation : Son of Shri Kulo Pertin resident of Mariyang Upper Siang District Arunachal Pradesh bearing Roll No.100336 17:Jomnya Taye Age: 31 Occupation : Son of Late Dujom Taye resident of Kombo Village Jirdin Aalo West Siang District Arunachal Pradesh bearing Roll No.102975 18:Mago Lida Age: 30 Occupation : Son of Shri Puge Lida resident of Lida Village Daporijo Upper Subansiri District Arunachal Pradesh bearing Roll No.100665 19:Teli Passo Age: 31 Occupation : Son of Shri Teli Sengho resident of Niya Namdong Banderdewa Papum Pare District Arunachal Pradesh bearing Roll No.100538 20:Nabam Loma Age: 30 Occupation : Son of Shri Nabam Tado resident of Raik Village Sagalee Papum Pare District Arunachal Pradesh bearing Roll No.103087 21:Mibang Pangging Age: 27 Occupation : Page No.# 5/14 Son of Shri Numol Pangging resident of Pasighat East Siang District Arunachal Pradesh. bearing Roll No.101051 22:Nabam Takap Age: 27 Occupation : Son of Shri Nabam Begi resident of Langchung Sagalee Papum Pare District Arunachal Pradesh bearing Roll No.1000066 23:Mating Takum Tarh Age: 27 Occupation : Son of Shri Mabu Mating resident of P Sector Naharlagun Papum Pare District Arunachal Pradesh bearing Roll No.102633 24:Biki Tatung Age: 26 Occupation : Son of Shri Biki Pate resident of Mowb-1 Itanagar Papum Pare District Arunachal Pradesh bearing Roll No.101601 25:Tomto Ekke Age: 0 Occupation : Son of Shri Tatum Ekke resident of Daporijo Upper Subansiri District Arunachal Pradesh bearing Roll No.103440 26:Taba Rigum Age: 29 Occupation : Son of Shri Taba Robin resident of Doimukh Papum Pare District Arunachal Pradesh bearing Roll No.103125 Page No.# 6/14 27:Bamin Sambyo Age: 35 Occupation : Son of Shri Bamin Tilling resident of E Sector Naharlagun Papum Pare District Arunachal Pradesh bearing Roll No.102340 28:Narba Tada Natung Age: 26 Occupation : Son of Shri Shew Natung resident of Jollang Itanagar Papum Pare District Arunachal Pradesh bearing Roll No.100250 29:Likha Bado Age: 27 Occupation : Son of Shri Likha Tarin resident of Yachuli (near Check Gate) Keyi Panyor District Arunachal Pradesh bearing Roll No.102977 30:Iken Padu Age: 35 Occupation : Son of Shri Doi Padu resident of Aalo West Siang District Arunachal Pradesh bearing Roll No.101738 31:Onyok Danggen Age: 28 Occupation : Son of Shri K Danggen resident of Gobuk Yingkiong Upper Siang District Arunachal Pradesh bearing Roll No.102498 32:Rahimso Kri Age: 28 Occupation : Son of Late Soden Kri. resident of Tribal Colony Tezu Lohit District Page No.# 7/14 Arunachal Pradesh bearing Roll No.102521 33:Loki Kipa Age: 26 Occupation : Son of Shri Tallo Kipa resident of Karsingsa Papum Pare District Arunachal Pradesh bearing Roll No.100575 34:Tomo Riba Age: 35 Occupation : Son of Shri Mocha Riba resident of Basar Arunachal Pradesh bearing Roll No.102102 35:Miss Nyiliang Baby Age: 29 Occupation : Daughter of Shri Nyilyang Tadey resident of Tajang Ziro Lower Subansiri District Arunachal Pradesh bearing Roll No.102655 36:Alotong Taki Age: 22 Occupation : Son of Shri Tatong Taki resident of Pasighat East Siang District Arunachal Pradesh bearing Roll No.100118 37:Chapo Dara Age: 24 Occupation : Son of Shri Tadak Dara resident of Itanagar (near Pantaloon) Papum Pare District Arunachal Pradesh bearing Roll No.101630 38:Dominic Tariang Tasse Age: 26 Occupation : Son of Shri Raj Kumar Tasse resident of P Sector Nirjuli Papum Pare District Page No.# 8/14 Arunachal Pradesh bearing Roll No.100704 39:Hage Guro Age: 37 Occupation : Son of Shri Hage Taje resident of Hari Village Ziro Lower Subansiri District Arunachal Pradesh bearing Roll No.101165 40:Miss Iya Lombi Age: 30 Occupation : Daughter of Goi Lombi resident of Polo Colony Naharlagun Papum Pare District Arunachal Pradesh bearing Roll No.105522 41:Tadik Tachiring Age: 36 Occupation : Son of Shri Tagang Tachiring resident of Taliha Upper Subansiri District Arunachal Pradesh bearing Roll No.100159 42:Glogl Takap Age: 30 Occupation : Son of Late Giogi Tatup resident of Parsi Parlo Kurung Kumey District Arunachal Pradesh bearing Roll No.102604 43:Kekjum Jilen Age: 26 Occupation : Son of Shri Takek Jilen resident of E Sector Naharlagun Papum Pare District Arunachal Pradesh bearing Roll No.100654 44:Tatdo Mitkong Age: 23 Occupation : Son of Shri Balo Mitkong Page No.# 9/14 resident of Mariyang Upper Siang District Arunachal Pradesh bearing Roll No.100297 45:Remi Lego Age: 31 Occupation : Son of Shri Gere Lego resident of G Extension Naharlagun Papum Pare District Arunachal Pradesh bearing Roll No. 103075 46:Giogi Takup Age: 22 Occupation : Son of Shri Giogi Laling resident of Byasi Village Sangram Kurung Kumey District Arunachal Pradesh bearing Roll No. 102774 47:Taming Takum Age: 23 Occupation : Son of Shri Taming Anu resident of Nyapin Town Kurung Kumey District Arunachal Pradesh bearing Roll No. 102493 48:Nabam Natum Age: 20 Occupation : Son of Shri Nabam Tagar resident of Sagalee Papum Pare District Arunachal Pradesh bearing Roll No. 103976 49:Tadar Harish Age: 20 Occupation : Son of Shri Tadar Nikpo resident of Nyapin Kurung Kumey District Arunachal Pradesh bearing Roll No. 100433 50:The Secretary Age: 0 Page No.# 10/14 Occupation : Department of Public Works Department Govt of Arunachal Pradesh Itanagar. 51:The Secretary Age: 0 Occupation : Department of Public Health Engineering and Water Supply Govt of Arunachal Pradesh Itanagar. 52:The Secretary Age: 0 Occupation : Department of Urban Development Govt of Arunachal Pradesh Itanagar. 53:The Secretary Age: 0 Occupation : Department of Local Bodies Govt of Arunachal Pradesh Itanagar. 54:The Secretary Age: 0 Occupation : Department of Hydro Power Development Govt of Arunachal Pradesh Itanagar. 55:The Secretary Age: 0 Occupation : Department of Rural Works Department Govt of Arunachal Pradesh Itanagar. 56:The Secretary Age: 0 Occupation : Department of Water Resources Department Govt of Arunachal Pradesh Itanagar Advocate for the Petitioner : Nani Anju, S/C APPSC Page No.# 11/14 Advocate for the Respondent : GA (AP), Doge Lona BEFORE HONBLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 18-09-2025 Heard Ms. Nani Anju, learned counsel for the Review petitioners and Mr. Mr. D. Panging, learned counsel for the respondents/writ petitioners. 2] This Review Petition No.12(AP) /2025 is filed against the common Judgment and Order dated 03.09.2025 passed in WP(C) No.382(AP)/ 2025, WP(C) No.404(AP)/ 2025 and WP(C) No.380(AP)/ 2025. By the said Judgment and Order dated 03.09.2025 the following directions were issued: “……… 11.Having heard the learned counsel for the parties and upon perusal of the pleadings available on record, it is seen in the writ petitions that there is a list which is published by the APPSC which is shown to be a select list for 102 Vacancies of Assistant Engineer (Civil) for appearing in written examination (Mains) for selection and appointment in the department of PWD, Public Health Engineering & Water Supply Department, Urban Development and Urban Local Bodies. It is seen that it contains 1205 candidates by following the ratio 1:12 in terms of the vacancies stated to be available and advertised. Similarly, the APPSC has also published the select list of candidates with their Roll Nos. only against 34 vacancies of Assistant Engineer (Civil) in the Department of Hydro Power Development, Rural Work Department and Water Resources Department for appearing in the written examination (Mains). A perusal of these two lists reflects that several Roll Nos. which are reflected in the list of selected candidates published against 102 vacancies are also reflected in the list of candidates against the 34 vacancies. Consequently many of the selected candidates in List-I are also included in the vacancies reflected for 34 vacancies. This segregation prima facie as it appears to the Court will have effect of excluding candidates from the zone of consideration who would have otherwise been included, had the segregation not been carried out by the APPSC. The advertisement does not reflect anywhere that the zone of consideration would be worked out on the ratio 1:12 but it is Page No.# 12/14 mentioned only the guidelines under Clause XI(c) which is a part of guidelines published by the APPSC. Neither the guidelines nor the advertisement reflect anywhere that for the 136 vacancies of Assistant Engineers sought to be filled up under the various departments will require segregation after the preliminary examination. Consequently, prima facie it appears to the Court that had the merit list for 136 vacancies have been prepared on the basis of the guidelines on the ratio of 1:12 then the persons who claim to be left out of the zone of consideration will have to have been included. 12. Under such circumstances, this Court is of the view that prima facie the writ petitioners are being able to make out the case for passing appropriate orders by this Court. These matters will of course requires a detailed hearing. As notices have been issued, parties are at liberty to complete their pleadings if so advised. 13. Meanwhile the writ petitioners in view of the segregation resorted to by the APPSC who have been left out of the zone of consideration will be permitted by the APPSC to appear for the Mains examination which is scheduled to be held on 6th and 7th September, 2025 by making all arrangements and issuance of Admit cards and other relevant documents. 14. It is however made clear that the results in respect of the writ petitioners shall not be declared without leave of the Court till such further orders are passed by the Court. It is also made clear that the writ petitioners will not be conferred any right for regular selection until it is so ordered by the Court, by virtue of appearing in the Mains Examination under orders of this Court.” 3] In the present Review Petition it is submitted that in so far as WP(C) No.382(AP) of 2025 is concerned, out of all the writ petitioners only 26 petitioners have been found to be within the zone of consideration having scored the marks above the cutoff marks in respect of the various categories. The APPSC therefore by way of the Review Petition seeks modification of the directions contained in Paragraph-13 of the Order dated 03.09.2025 to the effect that it is only these 26 petitioners who should be permitted to appear in the Mains Examination scheduled to be held on 28.09.2025 and 29.09.2025. Page No.# 13/14 The rest of the petitioners have not been able to score the cutoff marks and therefore, their names cannot be included in the zone of consideration and consequently, they cannot be permitted to appear in the mains scheduled to be held on 28.09.2025 and 29.09.2025. It is further submitted that insofar as the writ petitioners in WP(C) No.404(AP)/2025 and WP(C) No.380(AP)/2025 are concerned, they are already included in the zone of consideration. 4] Mr. D. Panging, learned counsel for the respondents/writ petitioners, on the other hand, submits that if the persons included the zone of consideration are on the basis of the ratio of 1:12 being maintained, then he has no objections to the prayer made. 5] Having heard the learned counsel for the parties and having perused the Judgment and Order dated 03.09.2025 passed in WP(C) No.382(AP)/2025 and Others, which is sought to be reviewed and the papers enclosed to the Review Petitions, this Court is of the view that this Review Petition No.12(AP)/2025 can be allowed by only clarifying Paragraph-13 of the Judgment and Order dated 03.09.2025 passed in WP(C) No.382(AP)/2025. The entire order need not be reviewed at this stage. The Paragraph-13 of the Judgment and Order dated 03.09.2025 should be read as a direction to the APSC to permit the writ petitioners in WP(C) No.382(AP)/2025, WP(C) No.404(AP)/2025and WP(C) No.380(AP)/2025 to appear in the APPSC Mains Examination scheduled to be held on 28.09.2025 and 29.09.2025, subject to they being included in the zone of consideration, having secured the minimum cutoff marks and above and in the ratio of 1:12. 6] In that view of the matter the respondents/writ petitioners with the following Roll Numbers 104229, 104279, 104242, 103015, 100137, 102288, 103404, 102605, 102128, 101924, 101988, 100443, 102802, 100538, 101051, Page No.# 14/14 101601, 103125, 102340, 101738, 102498, 102655, 101165, 100159, 100297, 105522 and 104206 having been included in the zone of consideration as they have scored the minimum cutoff marks in their respective categories are permitted to be called for and to appear in the Mains Examination. The respondents/writ petitioners no.1, 8, 10, 12, 14, 16, 17, 18, 20, 22, 23, 25, 28, 29, 32, 33, 34, 36, 37, 38, 42, 43, 45, 46, 47, 48 & 49 will not be permitted to appear in the Mains Examination. 7] With the above observation, the Review Petition No.12(AP)/2025 in WP(C) No.382(AP)/2025 stands accordingly disposed of. JUDGE Comparing Assistant