Heard Mr. C. Baruah, learned counsel for the petitioner and Mr. T. Pertin, learned counsel for the Amnachal Pradesh Public Service Commission and also the learned Govt. Advocate.

2. The petitioner Sri Lishi Lei had participated in the selection process for the post of Assistant Engineer (Civil) conducted by the Arunachal Pradesh Public Service Commission, for short, the Commission as per the advertisement issued; both written test and viva voce test were to be conducted after final selection. Petitioner appeared in the written test but as he did not qualify he was not called for the viva voce test. Petitioner has therefore filed the present application for a direction to the respondent Commission to allow him to appear in the viva voce test.

3. The plea raised by the petitioner is that the final selection is to be made on the basis of written examination and viva voce test and as no qualifying marks were laid down and communicated to the petitioner, the petitioner cannot be thrown out from the purview of selection on the basis of the written test only.

4. The respondent Commission has filed an affidavit-in-opposition stating inter-alia that this being the competitive