The subject matter of challenge made in this writ petition is the appointment of the private respondents as LDC in the Tourism Department vide impugned order dated 25.8.09 passed by the Secretary, Department of Tourism, Govt. of Arunachal Pradesh. Initially the writ petition was filed jointly by five petitioners but on the prayer of the learned counsel for the petitioners the original petition No. 1, Viz Sri Talley Yaying was struck off from the petition vide order dated 12.3.10 passed in M.C. No. 28710.

2. I have heard Mr. Tony Pertin, learned counsel for the petitioners. Also heard Ms. G Deka, learned Addl. Sr. Govt. counsel for the official respondents and Mr. T. Son, learned counsel appearing for the private respondents.

3. The back ground facts relating to filing of this writ petition are that the petitioners are rendering their service as contingency staff in the tourism department of the State Govern#31;ment and the date of appointment of the petitioners in the Department of Tourism, Govt. of Arunachal Pradesh, Itanagar are reflected as follows:

S1. No. Name Appointment Order No. Date of Appoin#31;tment

1. Smti. Mamang Tayeng Order No. Tou (Estt) 34/99 Pt. Dated 1.2.2000 20.82000

2. Ms. Habung Yarning Order No. Tou (Estt) 26/2002 dated 23 .6.04 27.52002

3. Miss Osunam Pertin Order No. Tou (Estt) 26/2001 dated 15. 11. 07 15.11.07

4. Miss Obonty Pertin Order No. Tou (Estt) 26/2001 dtd. 29.9.08 6.10.07

4. While the petitioners were serving in the aforesaid capacity, five posts of LDC in Group 'C' were sanctioned in the Tourism Department by the State Government after obtaining necessary sanction from the competent authority including the approval of the Finance Department on 8.8.08. Upon such sanction, the Secretary Tourism, proposed to fill up the said post in the manner reflected in note dated 27.2.09 which reads as follows: "The proposal is for seeking relaxation of Section 6 of " the General Arunachal Pradesh Group C (Ministerial) common Recruitment Rules, 2008 to the post of Lower Division Clerk, Group C which may be perused at P-110/C. Five posts each of Lower Division Clerk and Peon have been created for Annini, Anjaw, East Siang, Upper Siang and Daporijo. By virtue of being posts for the districts, recruitment would ideally be under the aegis of Common Recruitment Rules under the District Establishment since our department has no separate ministerial cadre prior to the notification of the above recruitment rule.

The Department has proposed that the recruitment to the post of LDCs may be done centrally at the HQ level by regularizing seven existing skilled contingencies who have been doing LDC work for a period ranging from 9 to 5 years. And all have the requisite qualification for the same. As per the RR 10% of the post of LDC is to be filled up through promotion and 90% through direct recruitment. The list of the contingencies is placed at P-118/C.

The purpose of creation of the above posts is primarily to create a full fledged Tourism Cadre in every district keeping in view the fact that the Tourism Department is required to be fully geared up to cater to the increased activities that are being taken up by the department. The Government has identified the Tourism sector as a major factor for growth and generation of revenues for the state in future. Against this background it is important that a functional system is put in place whereby there exist a functional unit in every district under the control of the department. However, I do not agree that all the given posts of LDC and Peon be filled up by the existing contingencies. Taking the ratio of 90-10% of the RRs, one post of LDC may be considered to be filled up by one of the existing contingency LDC on the basis of typing test and basic knowledge of Computer application. All of them may compete for the same. As for the other posts, the same may be filled up by direct recruitment.

File is submitted for consideration of :-

A. One time relaxation of the "the