JUDGMENT :

This writ petition has been filed by the petitioner seeking a direction to the respondent No.3/the Secretary, Arunachal Pradesh Staff Selection Board (for short, APSSB’), Govt. of Arunachal Pradesh, Itanagar to recommend the name of the petitioner for appointment against any of the post that had fallen vacant due to the resignation of the selected candidates (though, categorically does not refer to any of the select list but from the pleadings and the annexures, it appears that the petitioner refers to select list, dated 04.12.2019 issued by the Secretary-cum-Controller of Examination, Arunachal Pradesh Staff Board vide No.APSSB-64/2019).

2. The facts leading to filing of the present writ petition insofar it is relevant for adjudication of this case, briefly stated, are, as follows:-

I. Pursuant to an Advertisement dated 09.01.2019 issued by the respondent No. 2 under the signature of Under Secretary, APSSB, Govt. of Arunachal Pradesh, vide File No. APSSB/ADVT-8/2018 and the Addendum, dated 31.07.2019, issued by the Secretary-cum-Controller of Examination, APSSB, Govt. of Arunachal Pradesh vide File No.APSSB/ADVT-8/2018/136 inviting applications for filling up of, inter alia, 41 posts of UDCs in various Departments of the Government of Arunachal Pradesh, a select list dated 04.12.2019 was published by the Secretary-cum-Controller of Examination, APSSB, Government of Arunachal Pradesh vide Memo No.APSSB-64/2019, whereby, amongst others, as many as 39 candidates were selected for appointment as UDC in various Departments of the Government of Arunachal Pradesh. Along with 39 selected candidates, one candidate from the Person with Disability (for short, ‘PWD’) category was also selected. Result of 1 (one) post of UDC meant for meritorious sports person was, however, not declared for some reason(s). Along with the aforesaid result, waiting list comprising of 5 (five) candidates was also prepared, wherein, the petitioner was placed at serial No. 1 of the waiting list. After the aforesaid select list was prepared, the APSSB forwarded the said select list for appointment to various Departments of the Government of Arunachal Pradesh and thereafter, the candidates joined the respective Departments as UDC where they have been recommended for such appointment.

II. It is the further case of the petitioner that some time in the month of December, 2020, the petitioner had come to know from a reliable source that one of the candidates who had joined pursuant to the aforesaid select list had resigned. Upon such information received, the petitioner visited the office of the APSSB and on enquiry, it was confirmed that one Shri Takhe Babing had resigned from the post of Store Keeper some time in the month of June/July, 2020 who had earlier joined the TRIHMS. Thereafter, it had also come to the knowledge of the petitioner that the Director of TRIHMS had requested the APSSB to recommend one candidate from the waiting list for filling up the post of Store Keeper that had been vacated on resignation by Shri Takhe Babing. Upon such information received, the petitioner filed an RTI application before the PIO of the APSSB which was received by the P.A. to Joint Secretary on 12.01.2021. The information sought for by the petitioner was, however, denied by the PIO of the APSSB vide letter, dated 25.02.2021 written to the petitioner.

III. Aggrieved, the petitioner had filed an appeal before the First Appellate authority against the denial of the information sought for by the petitioner as indicated above. In the meanwhile, the PIO of the APSSB furnished the information sought for by the petitioner vide letter dated 05.05.2021 vide No. APSSB-76/2019/1083, whereby, following information was furnished to the petitioner indicating one vacancy each at TRIHMS; Directorate of Accounts & Treasuries; and Directorate of Health Services, respectively, and 2