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2019 Supreme(SC) 1302

R.BANUMATHI, A.S.BOPANNA, HRISHIKESH ROY
Assam Public Service Commission – Appellant
Versus
Pranjal Kumar Sarma – Respondent


Advocates Appeared:
For the Petitioner(s):Parthiv K. Goswami, Palak Mahajan, Ishan Bisht, Rahul Pratap, Advocates
For the Respondent(s):Rekha Pandey, Debojit Borkakati, Vivek Sonkar, Advocates

JUDGMENT :

HRISHIKESH ROY, J.

1. Leave granted.

2. This appeal arises out of the Special Leave Petition (Civil) No. 23677 of 2019. The Assam Public Service Commission (for short “APSC”) has approached this Court to challenge the judgment and order dated 8th August, 2019 in W.P. (C) No. 4600 of 2019 whereby the Gauhati High Court struck down a portion of Clause 12.2 of the Assam Public Service Commission (Conduct of Business) Procedure, 2019 (hereinafter referred to as “the 2019 Procedure”). The following portion of Clause 12.2, incorporated with effect from 1st April, 2019, under the 2019 Procedure, was struck down by the High Court.

    “…………and any proceeding in relation to interviews, selections or competitive examination pending on the date of commencement of these Procedures may be continued and completed in accordance with the provisions of the Rules in force prior to such commencement.”

3. The result of the above is that the norms of selection for an ongoing process gets changed mid-stream in course of recruitment, for the 65 vacancies of Assistant Engineer (Civil) under the Water Resources Department for which, the APSC had issued an advertisement on 21st December, 2018 (“Annexure

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