2019 Supreme(Gau) 1072

IN THE HIGH COURT OF GAUHATI
N. Kotiswar Singh, J.
Arabinda Rabha and Ors. – Appellants
Versus
State of Assam and Ors. – Respondents
W.P.(C) No. 4532 of 2016 and 2428 of 2017
Decided On : 07-05-2019

Headnote:

Cancelation Of Selection List – The petitioners have challenged the cancellation of the Select List notified by which the Select List prepared for the post of Constables in Assam Forest Protection Force (AFPF) as advertised was cancelled on the ground that such list suffers from infirmities of not following the constitutional provisions relating to reservation and also various judgments of the Honble Supreme Court of India regarding reservation laws and rules – Petitioners also have challenged the subsequent advertisement issued on 14.04.2017 – Petitioners also have challenged the subsequent advertisement issued on 14.04.2017 in W.P.(C) No. 2428 of 2017 after cancelling the said select list on the ground that if the aforesaid advertisement is allowed to be acted upon, the rights of the petitioners accruing on account of select list would be frustrated in the event they are successful in their petition –The petitioners have challenged the aforesaid cancellation of the Select List primarily on the ground that there was non-application of mind by the authorities and also is based on reasons which are not relevant or germane to the issue about the validity of the Select List – In the present case, it has been submitted by the learned senior counsel for the petitioners that, first of all, there is no allegation of any corrupt practice or unfair means adopted by the petitioners and the aforesaid irregularities which have been pointed out in the Note made by the Principal Chief Conservator of Forests on the basis of which the State Government took the decision to cancel the Select List can be rectified without interfering with the selection on merit of the candidates – Held, This Court finds force in the submission advanced by the learned senior counsel for the petitioners – As mentioned above, the authorities have not pointed or made any allegation of any wrong doing or unfair practice or fraudulent activity committed by any of the candidates and as such, it cannot be said that the selection process was vitiated by malpractice – As regards the irregularity in the over representation and under representation of the districts as mentioned above, that itself is not indicative of wrong doing – This Court is also of the opinion that mere over representation or under representation though may be suggestive of irregularity or malpractice, that itself is not sufficient to arrive at a definitive conclusion that malpractice had occurred – Therefore, in absence of any concrete or credible materials to show commission of any malpractice or fraudulent activities, the said ground cannot be a foundation for invalidating the select list – Accordingly, this Court is of the view that the aforesaid irregularities which have been pointed out by the Chief Conservator of Forests and Head of Forest Force on the basis of which the State government cancelled the Select List can be rectified by the authorities without disturbing the selection process and it can be rectified by re-fixing or reallocation of the candidates in accordance to their merit, category and status by giving due notice to those who are likely to be adversely affected – It is a case where the chaff can be separated from the grains without much difficulty. In that view of the matter, this Court is of the opinion that it cannot be said that the entire selection process is vitiated which would warrant cancellation of the Select List in other words, the aforesaid irregularities do not have any relevance to the assessment of the merits of the candidates – For the reasons discussed above, this Court finds merit in these two petitions and accordingly are allowed – The decision of the State Government to cancel the Select List is set aside. In the result, the impugned notice is also set aside – Since, it has been clarified by the State Government that the impugned advertisement dated 14.04.2017 does not pertain to the 104 number of posts of Constable for the Assam Forest Protection Force, the authorities may proceed with the said advertisement dated 14.04.2017 – Petition Allowed