JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri F. Khan, learned counsel for the petitioner. Also heard Shri T.J. Mahanta, learned Senior Counsel assisted by Ms. P. Sarma, learned counsel appearing for the APSC who had also produced the instructions including the original OMR sheets of the petitioner. Shri S.R. Baruah, the learned State Counsel is also present.

2. Pursuant to the order dated 06.10.2023, Shri Mahanta, learned Senior Counsel has obtained the written instructions. Considering the facts and circumstances and the instructions received, the writ petition is taken up for disposal at the motion stage.

3. The petitioner was an aspirant for the post of Assistant Engineer (Civil) under the PWD which was notified vide an advertisement dated 15.03.2023 for filling up 244 nos. of posts. The examination had consisted of an OMR based Screening Test followed by a viva-voce. It is the case of the petitioner that in the written examination which was OMR based, as per his assessment, he should have scored 124 marks. However, one person securing marks of 116 has been selected for interview and therefore, the petitioner has not been dealt fairly and transparently.

4. On the other hand, Shri