IMPORTANT POINT
Selection – Norms existing on the date when process of selection begins, will control selection and alteration to norms would not affect ongoing process unless new Rules are to be given retrospective effect.

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 P-I”). On the date of the advertisement, the previous norms i.e. the Assam Public Service Commission (Procedure and Conduct of Business) Rules, 2010 (hereinafter referred to as “the 2010 Rules”), were in operation. The 2010 Rules provided for assessment of academic merit, special knowledge, additional relevant qualification, relevant service experience etc. under Rule 29 and 30, in the following manner:

“29. The Commission may determine the qualifying standard by giving weightage on academic merit, subject knowledge, additional relevant qualification, service experience relevant to the post etc. for preparing the final order of select list.

30. In the viva-voce test marks shall be allocated as below:

(i) 50% on academic/professional qualification/service experience relevant to the post/preferential qualification.

(ii) 50% for subject knowledge and general bearing. Out of this, 20% shall be for subject knowledge and the remaining 30% for general bearing.

There shall be five gradings for Adviser/Expert’s marks viz., ‘Excellent’, ‘Very Good’, ‘Good’, ‘Fair’ and ‘Average’, the value of which shall be determined by the Commission.”

4. The aforesaid 2010 Rules were challenged by one Manash Pratim Baruah in the Gauhati High Court through W.P.(C) No. 1998 of 2017. He contended that the State Public Service Commission is not empowered to adopt any Rule in the nature of the 2010 Rules as was done by the APSC, by invoking the powers under proviso to Article 320 of the Constitution of India. During the pendency of the Writ Petition, the 2010 Rules were repealed and a new set of procedure i.e, “The Assam Public Service Commission (Conduct of Business) Procedure, 2019” came into effect, from 1st April, 2019. Accordingly, the APSC through their affidavit filed in the W.P.(C) No. 1998 of 2017 informed the High Court about adoption of the 2019 Procedure.

5. During that period, acting on the advertisement (dated 21.12.2018) to fill up the 65 posts of Assistant Engineer (Civil), the APSC on 12.06.2019 had notified that an OMR based screening test, with multiple choice objective type questions, will be conducted on 30.06.2019. The said screening test was conducted under the 2010 Rules and as such there was no negative marking which was introduced for the first time by the 2019 Procedure, for the APSC conducted selections.

6. The four respondents had offered their candidature by responding to the advertisement dated 21st December, 2018 and they appeared in the screening test conducted on 30.06.2019. Nevertheless they also filed the W.P.(C) No. 4600 of 2019 challenging Clause 12.2 of the 2019 Procedure which provided that notwithstanding the repeal of the 2010 Rules, the action taken under the repealed Rules including conduct of interview/selection or competitive examination or d