Anomalies in the evaluation process, if major, cannot be bypassed, and the result cannot be declared.

JUDGMENT :

Prasanta Kumar Deka, J.

Heard, Mr. A Biswas, learned counsel for the petitioner. Also heard Mr. N Goswami, learned Government Advocate for the respondent Nos. 1 to 5.

2. The Deputy Director of Economics and Statistics, Nalbari published an advertisement on 08.08.2014 for filling up the existing vacant post of Junior Assistant in the office of the Deputy Director of Economics and Statistics, Nalbari, the respondent No. 5 who as per the requirement of the Assam Public Services (Direct Recruitment to Class-III and Class IV Posts) Rules, 1997 vide office memorandum dated 23.09.2014 constituted a five member District Level Selection Committee (DLSC) for selection of a suitable candidate for the said vacant post i.e. the respondent No. 5 along with private respondent Nos. 6,7 and 9 and another Sri Anupjyoti Bora as the Member Secretary. The petitioner applied for the said post and call letter dated 20.102014 was issued by the respondent No. 5 requiring the petitioner to appear in the written test to be held on 09.11.2014 under the allotted Roll No. 154. The result of the written test was published by the respondent No. 5 vide notice dated 12.12.2014. In the said notice leaving aside the petitioner as many as fourteen number of candidates qualified for participating in the viva-voce and computer typing test to be held on 23.12.2014. The petitioner appeared and participated in both the tests. The petitioner came across a newspaper report dated 16.05.2015 published in the local vernacular Assamese newspaper "Dainik Agradoot" wherein it is stated that as three members of the selection committee refused to put their signatures upon the final result sheet and had sealed the said result sheet in an envelope, the result of the said test could not be declared and the respondent No. 5 intimated the said fact to the higher authorities for seeking assistance. Being aggrieved, the petitioner filed this writ petition for appropriate direction to the respondents to declare the result pertaining to the selection of the sanction vacant post of Junior Assistant in the office of the respondent No. 5.

3. The Director of Economics and Statistics, Assam, respondent no. 4 filed his affidavit-in- opposition. Admitting the fact of holding the written test, viva-voce and computer typing test, the respondent No. 4 in the affidavit-in-opposition as per available records summarised the cause in not declaring the result as follows:

"..As regards to evaluation of answer scripts the following facts have been revealed from the available records:

(i) It revealed from the letter vide No. ORD-12/2014/624 dated 05.12.2014 wrote by the Employment Officer, Nalbari cum Member of DLSC, Nalbari to the Deputy Director of Economics and Statistics, Nalbari & Chairman DLSC in connection with the Memo No. 441/2014/JA/457-466-A dated 28.11.2014[the letter was issued by the Deputy Director cum Member Secretary in connection with entrusting answer scripts evaluation work to the officials of the office of the Deputy Director of Economics and Statistics, Nalbari and to complete the process urgently by 1.12.2014] that:

(a) On completion of the written examination the answer scripts were properly sealed and kept in the safe custody of Treasury Officer, Nalbari;

(b) As per verbal discussion the decision for evaluation and the process of evaluation of answer scripts was to be taken in the meeting of DLSC, Nalbari as process was to be done at DC Office, Nalbari under the supervision of DC's nominee.

(c) But the decision of evaluation/ checking of answer scripts was taken by the Deputy Director & Chairman of DLSC, Nalbari alone without informing the members of DLSC or without conducting any meeting which was an act of violation of protocol;

(d) The Deputy Director and Chairman DLSC, Nalbari without assigning any reason also issued order vide No. 441/2014/JA/457-466 dated 5.12.2014 to the officials of his office to complete the evaluation/ checking works urgently within 01.12.2014 although