JUDGMENT

Michael Zothankhuma, J. - Heard Mr. M. Pertin, learned counsel for the petitioner in WP(C) 4601/2020 and Mr. P.D. Nair, learned counsel for the petitioner in WP(C) 3121/2020. Also heard Mr. U.K. Nair, learned Standing Counsel for the respondent nos.1 and 2 assisted by Mr. A. Chetri, Advocate.

2. The issue in both the writ petitions pertains to direct recruitment to the vacant post of System Analyst in the Itanagar Permanent Bench of the Gauhati High Court. The writ petitioners in both the writ petitions were candidates for the said post. However, they have not made each other as party respondents in either of their writ petitions and as such, the names of the writ petitioners are being used in this common judgment and order. While Shri Phobing Gyati, who is the writ petitioner in WP(C) No.4601/2020, had secured the first position in the select list, Smt. Kime Bobby, who is the writ petitioner in the WP(C) 3121/2020, had secured the 2nd position. The Gauhati High Court, represented by the Registrar General and the Registrar, Itanagar Permanent Bench, Gauhati High Court, Naharlagun are arrayed as respondent nos.1 and 2 respectively in both the writ petitions. As the writ petitions are inter-twined to some extent, they are both being disposed off by this common judgment and order.

3. The brief facts of the case is that in pursuant to an Advertisement dated 08.02.2018 issued by the Registrar of the Gauhati High Court, Itanagar Permanent Bench, Naharlagun, for filling up the post of System Analyst, Shri Phobing Gyati and Ms. Kime Bobby, amongst 124 candidates, took part in the selection process. The eligibility criteria for the post of System Analyst, as stipulated in the Advertisement dated 08.02.2018, required the candidates to possess the qualification of MCA with 2 years' experience or BE/B. Tech (Computer Science) with 2 years' experience or M.Sc., PGDCA with 3 years' experience or M.Tech (Computer Science). The Advertisement also stated that the last date for submission of the applications would be 28.02.2018.

4. The petitioner in WP(C) 4601/2020, Shri Phobing Gyati, at the time of submission of his application for the vacant post did not have the eligibility criteria required, as he was pursuing his 4th Semester in M.Tech (Computer Science). Despite the above, Admit Cards were issued to the candidates in February, 2019 including Shri Phobing Gyati and the written examination was held on 17.02.2019. The practical test was held on 23.03.2019 and interview held on 06.04.2019. Shri Phobing Gyati secured the highest marks i.e., 112.70, while Ms. Kime Bobby [petitioner in WP(C) 3121/2020] secured the second highest marks of 112.60 in the selection process. Consequently, Shri Phobing Gyati was appointed to the post of System Analyst vide order dated 28.05.2019 and he joined in the said post on the same date.

5. Ms. Kime Bobby thereafter submitted a representation dated 28.08.2019 to the respondents, questioning the appointment of Shri Phobing Gyati, on the ground that he did not have the eligibility criteria for being considered and appointed to the post of System Analyst. Ms. Kime Bobby also prayed that she should be considered for appointment to the said post as she was the next in line in the select list. Consequent upon the representation submitted by Ms. Kime Bobby, the respondent authorities issued a Show-Cause notice dated 26.11.2019 to Shri Phobing Gyati, asking him as to why his appointment should not be cancelled for not having the requisite educational qualification at the time of selection to the post of System Analyst. Shri Phobing Gyati replied to the show-cause notice and after examining the same, the respondents found the reply to be unsatisfactory. Shri Phobing Gyati was thereafter terminated from the post of System Analyst on the ground that he was not eligible to apply for the post of System Analyst on the last day of submission of applications, as prescribed in the Advertisement dated 08.02.2018.

6. That in r