Ranjan Gogoi, J.

1. This writ petition has been filed seeking a direction to the Arunachal Pradesh Public Service Commission (hereinafter referred to as 'the Commission') to recommend the name of the writ Petitioner for appointment in the post of Deputy Superintendent of Police for which a select list has been drawn up by the Commission in which list the name of the Petitioner does not find mention.

2. The brief facts that will be required to be noticed for the purposes of the present adjudication may be set out hereunder:

By an advertisement dated 25.7.2006,42 posts in different Services under the State including the Arunachal Pradesh Civil Service (Entry Grade) and Arunachal Pradesh Police Service (D. S. P) were advertised by the Commission. A preliminary examination of the eligible candidates was held on 4.2.2007 the result whereof was declared on 31.3.2007. The successful candidates in the preliminary examination were required to submit another application for admission to the main written examination. In the application to be submitted the candidates were required to indicate their option/preference for the Services/posts which were advertised. The Petitioner, at that stage, had opted for the Arunachal Pradesh Civil Service (Entry Grade). The main examinations were held between 26.12.2007 and 21.1.2008. The result of the main examination was declared on 14.10.2008. The Petitioner qualified in the said examination and became eligible to take part in the viva-voce test which was to follow thereafter. At this stage, all the candidates were asked to resubmit fresh options for the particular posts/Service in which they desired to be appointed. Such options were to be exercised in order of preference. The aforesaid exercise calling upon the candidates to re-submit their options became necessary in view of the fact that during the period when the selections remained pending, fresh requisitions were submitted to the Commission by different departments for additional posts thereby raising the number of total posts to 101 from the initial 42 posts. The Petitioner, this time, opted for the Arunachal Pradesh Police Service indicating the said Service to be his first option. The number of posts of Deputy Superintendent of Police in the said Service had increased to 7 from the 3 numbers of posts advertised on 25.7.2006.

3. On being called, the Petitioner went through the physical test which was mandatory for the candidates opting for the Arunachal Pradesh Police Service and also faced the interview. A total number of 28 candidates who had opted for the Police Service qualified in the physical test which included the Petitioner. The final result of the selection in respect of all the 101 posts was declared on 17.1.2009. The name of the Petitioner was not included in the list of successful candidates which, however, contained only 6 names against the 7 available posts of Deputy Superintendent of Police i.e. the candidates placed at SI. Nos. 16, 58, 61, 69, 70 and 87.

4. Aggrieved by the exclusion of his name from the list of selected candidates for appointment in the post of Deputy Superintendent of Police, the Petitioner filed an application under the Right to Information Act, 2005 seeking the marks secured by each of the 28 candidates who had qualified in the physical test for the post of Deputy Superintendent of Police. The statement of marks enclosed to the writ petition would indicate that in terms of the marks secured the position of the Petitioner in order of merit is at SI. No. 7. The first six candidates were declared to be successful. Specifically, the aforesaid marks indicate that the sixth candidate recommended by the Commission secured a total of 862.00 marks whereas the Petitioner secured 853.50 marks and the next candidate in order of merit secured 849 marks. It is in the aforesaid circumstances and, particularly, in view of the availability of one post of Deputy Superintendent of Police that this writ petition has been