Practical difficulties and logistical challenges can outweigh individual candidate concerns in deciding whether to change examination dates.

ORDER :

1. Heard Mr. F. Khan, learned counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1, 2, 3, 7 & 8 as well as Mr. TJ. Mahanta, learned senior standing counsel, APSC, appearing for the respondent Nos.4, 5 & 6.

2. This writ petition has been filed by the petitioners, who are the candidates for the Combined Competitive (Main) Examination, 2020, which is for filling up the posts of Civil Services in the State of Assam. The challenge was not only to the pattern of question papers, etc., but also for the dates which have been set up, particularly, 27.02.2022, which according to some of the petitioners (petitioner No.2), clash with the date fixed by the Union Public Service Commission (UPSC) for holding the Indian Forest Service (IFS) examination.

3. In our order dated 11.02.2022, having heard the petitioners, we had come to a conclusion that most of the prayers made by the petitioners cannot be examined by this Court at this stage. We had though made an exception to one prayer, which is holding the examination on 27.02.2022 inasmuch as it also clashed with the date set up by the UPSC for holding the IFS examination. To that extent, we had directed the counsel for the APSC to examine the matter. Order passed by us on 11.02.2022 read as under:-

"The matter is taken up through video conferencing.

Heard Mr. F. Khan, learned counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1, 2, 3, 7 & 8 as well as Mr. T.J. Mahanta, learned senior standing counsel, APSC, appearing for the respondent Nos.4, 5 & 6.

In this writ petition, the petitioners who are candidates for the Combined Competitive (Main) Examination, 2020, have challenged the time table set out by the Assam Public Service Commission (APSC) as well as the pattern of question papers proposed by the APSC for the said examination amongst other points raised before us. At this stage, when the examination is to be conducted with effect from 21.02.2022, we do not propose to interfere in the matter.

There is, however, one aspect on which we would like Mr. T.J. Mahanta, learned senior counsel for the APSC to get instructions, which is that out of the eleven petitioners before us, one petitioner is also appearing in the main examination of Indian Forest Service, which is scheduled for 27.02.2022, on which date examination of the State Civil Services are also to be held. Hence, there is a clash of dates. On this limited aspect, Mr. T.J. Mahanta, learned senior counsel for the APSC shall get instructions as to whether there can be a change of dates.

List again on 14th February, 2022 along with WP(C) No.5169/2020; WP(C) No.5248/2020; WP(C) No.28/2021 and PIL No.83/'2021."

4. Today, Mr. T.J. Mahanta, learned senior standing counsel, APSC has informed this Court that he had consultation with the concerned authorities of APSC and they have expressed their inability to postpone the date. This has been given to him in a letter of the Secretary, APSC dated 14.02.2022. The letter reads as follows:-

"Sir,

In inviting a reference to the subject cited above, I am directed by the Commission to furnish the following information for favour of your kind perusal and to apprise the Hon'ble Gauhati High Court on reschedulement/postponement of the examination scheduled to be held on 27/02/2022:

1. Total numbers of eligible candidates for the Combined Competitive Examination (Main), 2020 is 3897.

2. APSC received requests from only 5(five) candidates appearing in both the CCME and Indian Forest Service Examination (IFoS) scheduled to be held on 27/02/2022.

3. The Commission considered the probable difficulties of those candidates again and regrets its inability to consider such request due to various practical difficulties as m