Introduction of minimum marks for viva-voce after the commencement of the selection process is illegal.

JUDGMENT

Sudhanshu Dhulia, C.J. - Heard Mr. B.D. Goswami, learned Additional Advocate General, State of Arunachal Pradesh for the appellants, assisted by Mr. A. Chandran, Advocate. Also heard Mr. P.K. Tiwari, learned senior counsel for the respondent nos.1 to 4, assisted by Mr. A.R. Gogoi, Advocate.

2. This writ appeal have been filed by the State of Arunachal Pradesh against the judgment and order dated 05.04.2019 passed by the learned Single Judge in Writ Petition No.241 (AP)/2017 (Shri Biri Taha & 3 Ors. vs- State of A.P. & Ors.). The writ petition was filed by the four writ petitioners (who are the respondents in the present writ appeal). The learned Single Judge had allowed the writ petition of the petitioners and had set aside the Office Memorandum of the Government of Arunachal Pradesh dated 28th February, 2017 (issued on 02.03.2017), inasmuch as it has prescribed a mandatory requirement of getting 45% marks in the viva-voce for selection.

3. Brief facts of the case are that in the State of Arunachal Pradesh, recruitment is made by the Arunachal Pradesh Civil Service in terms the Arunachal Pradesh Civil Service Rules, 2006 which have a statutory application, inasmuch as it has been framed under Article 309 of the Constitution of India. The method of recruitment is given in Rule 5 wherein 80% of the substantive vacancies, which occur from time to time have to be filled by way of direct recruitment and 20% of the remaining vacancies are to be filled on the basis of selection based on merit from amongst the departmental candidates nominated by the prescribed authorities on the basis of their ACRs and viva-voce test which is again to be conducted in terms of Rule 13. For ready reference, Rule 5 is quoted hereinbelow:-

"PART-III METHOD OF RECRUITMENT

5. Method of Recruitment :- (1) Save as provided under Rule 16 or sub-rule (9) of Rule 4, appointments to Entry Grade of the Service shall be made by the following methods, namely :-

(a) 80% of the substantive vacancies which occur from time to time in the authorized permanent strength of the Entry Grade of the Service shall be filled by direct recruitment in the manner specified in Part-IV of these Rules, and

(b) 20% of the posts of the entry grade will be filled up by selection on the basis of merit adjudged from amongst departmental candidates nominated by the prescribed authorities on the basis of their ACRs and viva voce test to be conducted by the Committee as constituted under Rule 13. Provided that fractions will be rounded off to the nearest whole number with excess or deficit accounted in the next recruitment it shall be filled in the manner as specified in Part-V of these Rules.

(2) Academic & other qualification:

(i) For appointment against direct recruitment vacancies, the incumbent should possess a Bachelors degree in any discipline from a recognized University.

(ii) For appointment by selection from departmental candidates, the incumbent should posses the following qualifications:-

(a) He/She should be graduate in any discipline from a recognized University.

(b) He/She should hold an appointment in the Group B (Non- Gazetted) under Government of Arunachal Pradesh in the scale of pay of Rs.5500-175-9000/- p.m. or any higher scale and

(c) He/She should have completed 8 years of service under Government of Arunachal Pradesh on the date of selection for appointment.

(d) No person will be eligible for nomination for appointment by selection from departmental candidates if he/she has attained the age of 40 years or more.

(3) Nomination by prescribed authorities for selection of departmental candidates. On receipt of a requisition from the appointing authority, the deputy Commissioner and the Secretary to the Department shall make nomination within the prescribed time, suitable and qualified persons for selection to the entry grade of the service. The nomination of departmental candidates will be screened by a Screening Board as may be constituted by the appointing authority. A list o