Point of law: Before confirmation the successful candidates recruited by the respondent authorities shall have to undergo training and departmental examination as provided under Rule 19 thereof.

JUDGMENT :

INTRODUCTION

1. This bunch of 5(five) petitions raise identical questions as regards the Assam Public Services Combined Competitive Examination (Amendment) Rules, 2019; Assam Public Services Combined Competitive Examination (Amendment) Rules, 2020 and pertains to an advertisement No.8/2020 issued by the Assam Public Service Commission (hereinafter referred to as “APSC”) and the addendum vide Notification No.58PSC/E-3/2020-2021 dated 08.01.2020.

2. All the matters were heard together. Lead arguments were made in WP(C) No.5169/2020; PIL No.83/2021 and WP(C) No.1208/2022.

3. The main issue as such involved in this bunch of petitions is regarding the language paper in the Combined Competitive Examination (hereinafter described as “CCE” for the sake of brevity) to be conducted by the APSC pursuant to the advertisement in question.

PRAYERS PRAYED FOR IN EACH PETITIONS

4. WP(C) No.5169/2020 is filed by a candidate, who appeared in the written examination conducted by the APSC. The petitioner has, inter alia, prayed for the following reliefs:-

“It is therefore prayed that, in the premises aforesaid, Your Lordship would be pleased to admit this petition, call for the records, Issue Rule, issue notice calling upon the Respondents to show-cause as to (I) why the Assam Public Services Combined Competitive Examination (Amendment) Rules, 2019 i.e., second part of paragraph 1 occurring at i.e., SECTION-II (b) below the heading ‘QUALIFYING PAPERS (in the level of Class X)’ whereby, candidates from Dima Hasao, Karbi Anglong and West Karbi Anglong Districts who have not studied any of the languages viz. Assamese, Bengali and Bodo, are exempted from appearing for the Qualifying Language Paper A which consist of 300 marks and is of 3 Hours duration, be not be set aside and quashed being ultra vires the Constitution of India and/or (II) why the Assam Public Services Combined Competitive Examination (Amendment) Rules, 2020 whereby, candidates from Dima Hasao, Karbi Anglong, West Karbi Anglong, Cachar, Karimganj and Hailakandi, who did not have any of the languages viz. Assamese, Bengali and Bodo, in High School Leaving Certificate Examination were exempted from appearing for the Qualifying Language Paper A which consist of 300 marks and is of 3 Hours duration, being ultra vires the Constitution of India be not set aside and quashed as the same being ultra-vires to the Constitution of India for being violative of Article 14 & Article 16 of the Constitution of India and (III) and consequently, why a Writ in the nature of Mandamus be not issued directing the respondents to cancel, re-call or otherwise forbear from giving effect to POINT NO.7(II)(A)1 of the Advertisement No.08/2020 issued vide No.23PSC/E-3/2020-2021 dated 08/09/2020 and Addendum bearing No.58PSC/E-3/2020-21 dated 08.10.2020 and/or (IV) and consequently, why a Writ in the nature of Certiorari be not issued setting aside and quashing the POINT NO.7(II)(A)1 of the Advertisement No.08/2020 issued vide No.23PSC/E-3/2020-2021 dated 08/09/2020 and Addendum bearing No.58PSC/E-3/2020-21 dated 08.10.2020 and/or (V) why a Writ in the nature of Mandamus be not issued directing the respondent authorities not to create a class within a class by exempting a choosen class of candidates on the basis of residence from taking the Competitive Examination fully and allowing such class of candidates to qualify with lesser marks; AND/OR (VI) Alternatively why writ in the nature of Mandamus be not issued directing the respondent authorities to also exempt the petitioners in tune with POINT NO.7(II)(A)1 of the Advertisement No.08/2020 issued vide No.23PSC/E-3/2020- 2021 dated 08/09/2020 and Addendum bearing No.58PSC/E- 3/2020-21 dated 08.10.2020 although the petitioners are not from and belonging to Dima Hasao, Karbi Anglong, West Karbi Anglong, Cachar, Karimganj and Hailakandi but fall within the same c