JUDGMENT :

Heard Mr. P. Taffo, learned counsel for the petitioners. Also heard Mr. T. Tagum, learned standing counsel for the Health Department, representing respondent nos. 1 to 3, Mr. T. Garam, learned counsel for the respondent nos. 4 to 10, 14 to 22, 25 to 35, 38, 39, 42 to 44, 46 to 52 and 54 to 57, as well as Mr. M. Pertin, learned senior counsel, assisted by Mr. K. Dabi, learned counsel for the respondent nos. 11 to 13, 23, 24, 36, 37, 40, 41, 45 and 53.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners, by projecting common cause of action, have prayed for setting aside and quashing the impugned order dated 20.10.2016, passed by the District Medical Officer, Kra Daadi District, with further prayer to direct the respondent authorities to conduct afresh the recruitment examination in consonance with the applicable recruitment rules.

3. In brief the case of the petitioners is that pursuant to an employment advertisement dated 02.08.2016 issued by the Deputy Commissioner, Kra Daadi District, the petitioners had applied for the post of Multi Tasking Staffs (MTS for short) and Multi Purpose Worker (MPW for short). As per the terms and conditions of the said advertisement, the written test was to be conducted on 21st and 22nd August, 2016 at Govt. Higher Secondary School, Palin, as follows; viz., (i) General English-100 marks, on 21.08.2016 from 1000 hrs. to 1300 hrs., (ii) General Knowledge-100 marks, on 21.08.2016 from 1400 hrs. to 1700 hrs., (iii) Elementary Mathematics-100 marks, on 22.08.2016 from 1000 hrs. to 1300 hrs., (iv) Viva voce-40 marks, on 27th to 29th August 2016. The said advertisement also indicated that under 3% disability quota, one post each of Peon and MPW was kept reserved for handicapped/ disability candidate. The petitioners project that having the requisite qualification, they had applied for the said posts, but they were unsuccessful in the selection process.

4. The learned counsel for the petitioners has submitted that the Director of Health Services, vide letter under Memo no. Mest-2016/87 dated 12.07.2016, had informed the District Medical Officer, Kra Daadi District (respondent no.3), that the recruitment should be made as per existing recruitment rule of MTS, which was communicated vide Order No. AP 175/2010/11 dated 27.01.2011 and AR-47/10 dated 02.06.2011, further stating therein that reservation quota, i.e. 25% for contingency staff having requisite qualification, 5% compassionate ground, 5% sports quota and 3% disability quota, etc., was required to be maintained. It was further submitted that after the written test the short-listed candidates were called for viva-voce test, which was conducted by a Selection Committee consisting of (i) the Deputy Commissioner-cum-Chairman, (ii) the District Medical Officer (DMO), (iii) DANO, and (iv) DPO (DVBDCP). In the said context, it was submitted that the constitution of the Selection Committee was contrary to the recruitment rules. It was submitted that in respect of Kra Daadi District, although there was a requirement for having 25% reservation for the Contingency staffs, those posts were illegally re-reserved without prior permission from the competent authorities. It was also submitted that certain candidates who did not possess the required educational qualification were allowed to participate in the recruitment examination. Moreover, it was also alleged that the selection procedure was unfair as many candidates who did not secure the minimum marks in the written examination were shortlisted and allowed to appear in the viva-voce test as those candidates had political and family connections with the members of the recruitment board. It was submitted that de-reservation of 25% reservation quota for contingency staffs was done to accommodate the selection and appointment of candidates having political and family connections with the recruitment board members.

5. It was submitted that various complaints were m