Point of Law: It is settled law that a person who consciously takes part in process of selection cannot, thereafter, turn around and question method of selection and its outcome.

JUDGMENT :

Heard Mr. K. Tagyang, learned counsel for the petitioner. Also heard Mr. L. Perme, learned Standing counsel for the Agriculture Department, representing the respondent nos. 1 & 2; Mr. I. Riram, learned Additional Senior Government Advocate for the respondent nos. 3 & 10 and Mr. H. Lampu, learned counsel for the respondent no. 9.

2. The respondent nos. 4, 5, 6, 7 & 8 have been deleted by an order of this Court dated 30.03.2022.

3. This writ petition is directed against the order dated 18th June, 2019, issued by the Deputy Director, Agriculture, Lower Subansiri District, Ziro, vide No. Agri/E-67/2019-20, whereby, the respondent no. 9 has been regularised in the post of Peon under the establishment of Deputy Director, Agriculture, Lower Subansiri District, Ziro, Government of Arunachal Pradesh.

4. The facts leading to filing of the instant writ petition, briefly stated, are as under:

The petitioner was appointed as contingency staff in the Office of the District Agriculture Officer, Lower Subansiri District, Ziro, Arunachal Pradesh, on 02.05.2003, whereas the respondent no. 9 was appointed as a contingency staff in the Office of the District Agriculture Officer, Lower Subansiri District, Ziro, on 18.01.2016. According to the petitioner, though regularisation of the service of the contingency staffs are required to be made from those who have served 20 years as contingent staff as per the Office Memorandum, dated 09.01.2012, issued by the Chief Secretary to the Government of Arunachal Pradesh, from a common list of serving contingency staff maintained by the Department, the respondent authorities had regularised the service of the respondent no. 9 in the post of peon in violation of the Office Memorandum, dated 09.01.2012 and ignoring the Seniority position of the petitioner vis-à-vis the respondent no. 9 in a Board Proceeding held on 18th of June, 2019. The petitioner accordingly contends that since the regularisation of the service of the respondent no. 9 as peon has been made, ignoring the seniority position of the petitioner as well as in violation of the Office Memorandum, dated 09.01.2012, the impugned order of appointment dated 18th June, 2019 is liable to be set aside and quashed.

5. The respondent no. 10, the Deputy Director of Agriculture, Lower Subansiri District, Ziro, has filed a counter-affidavit, wherein, in paragraph-5, thereof, the manner in which the appointment of respondent no. 9 was made, has been stated, which is as under:

“…5. That with regards to the statement made in paragraph-3 of the writ petition, the answering respondent begs to state that there was no infirmity in the selection process as the board of DPC have taken all material facts into consideration. It is pertinent to mention here that prior to DPC proceeding, all the contingency staff of Deputy Director, Agriculture, Ziro and Govt. Agriculture Farm, Yazali was duly served notice vide No. Agril/E-86/Vol-V/2018-19 dated 04/06/2019 informing them to submit their Performance Report of 3 (three) years i.e., from 2016-17, 2017-18 and 2018-19, qualification certificate and appointment order to be considered during the DPC. Accordingly, the regularization of Smti Hage Yabyang (Private respondent No. 9) to the post of peon was made purely on the performance report, punctuality and overall efficiency including expertise, discipline and integrity of the candidate as there was no seniority list at that relevant period of time. The DPC proceeding held on 18/06/2019 was conducted by the Board Members comprised of Smti Tame Yajum, EAC, Ziro as Chairman, Sri Nabam James, DFDO, Ziro, Sri Komri Murtem, DHO, Ziro, Sri Boria Nakum, DDA, Ziro and Sri Kago Lailyang, LDC as members after complying all the codal formalities and the conditions that laid down in board proceeding to be filled up one post of peon amongst the contingency staff primarily based on the