J.CHELAMESWAR, RANJAN GOGOI, HRISHIKESH ROY
State of Arunachal Pradesh – Appellant
Versus
Soilen Phukan – Respondent
Ranjan Gogoi, J.
1. The two appeals under consideration were earlier heard by a Division Bench of this Court. By judgment and order dated 9.8.2005 the appeals were allowed. Aggrieved, some of the respondents in the appeals moved the Hon'ble Supreme Court. The Hon'ble Supreme Court noticed a conflict between the judgment and order dated 9.8.2005 and an earlier judgment of the Division Bench rendered on identical facts in State of Arunachal Pradesh v. Ashok Kumar Yadav and Ors. reported in 2002(1) GLT 223. Consequently, the judgment and order dated 9.8.2005 was set aside and the matter remanded to this Court for consideration by a larger Bench. This is how the appeals have been posted before us.
2. The facts, in brief, may be noticed at the outset.
An advertisement dated 8.6.2001 was issued by the Arunachal Pradesh Public Service Commission (hereinafter referred to as the Commission) for recruitment to 63 posts in Group-A & B. In the advertisement issued it was clearly mentioned that as per the reservation policy in force in the State of Arunachal Pradesh 80% of the posts are reserved for APST candidates and the remaining 20% are unreserved (open competition).
3. The petitioners,
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