IMPORTANT POINT
The main legal point established in the judgment is the court's authority to intervene in the selection process to rectify irregularities and ensure that only eligible candidates are considered for the position.

JUDGMENT :

Heard Mr. Diganta Das, learned Senior Counsel, assisted by Mr. K Mohammad, learned counsel, appearing for the petitioners.

Also heard Mr. K. Gogoi, learned standing counsel, Higher Education Department; appearing on behalf of respondents No. 1 & 2; Mr. T. J. Mahanta, learned senior counsel, assisted by Ms. P. Sarma, learned counsel, appearing on behalf of respondent No. 3[Assam Public Service Commission(APSC)]; Mr. S. Borthakur, learned counsel, appearing on behalf of respondents No. 4 to 18; Mr. S. Dutta, learned senior counsel, assisted by Mr. D. J. Medhi, learned counsel, appearing on behalf of respondent No. 19; and Mr. D. S. Bhattacharya, learned counsel appearing on behalf of respondents No. 20 to 28.

2. As consented to by the learned counsels appearing for the parties; this writ petition is taken-up for final consideration and disposal.

3. The facts as requisite for consideration of the issue as arising in the present proceeding, is noticed as under:

The Assam Public Service Commission(APSC) on a requisition being placed before it by the concerned Department, proceeded to issue an Advertisement, dated 25.05.2017, inviting applications, amongst others, for 66 post of Assistant Professor(Technical) in nine different subjects in various Government Engineering Colleges of the State.

The petitioners, herein, contend that they being so eligible, had submitted their respective applications in pursuance to the said Advertisement and they on being found to have satisfied the eligibility criterias as mandated therein; they were permitted to appear in the written examination held by the Assam Public Service Commission (APSC) in the matter w.e.f. 07.11.2019 to 13.11.2019. On conclusion of the said examination, the Assam Public Service Commission(APSC) vide the Notification, dated 28.05.2020, proceeded to publish the list of candidates, subject-wise, who had qualified for appearing in the next segment of the selection process i.e. the language test on local languages of the State.

The names of the petitioners duly figured in the said list as published vide the Notification, dated 28.05.2020. Thereafter, the petitioners, herein, along with other candidates whose names figured in the Notification, dated 28.05.2020, undertook the Language test on local languages of the State. On conclusion of the said language test, which has to be noted was of a qualifying nature, the Assam Public Service Commission (APSC) proceeded to publish a Notification, dated 06.10.2021, short-listing the candidates for appearing in the viva voce/interview segment of the selection process. The names of the petitioners, herein, did not figure in the said Notification, dated 06.10.2021, and accordingly, being aggrieved; the present proceeding has been instituted before this Court.

4. This Court while issuing notice in the matter vide an order, dated 12.11.2021, noticing the grievance raised by the petitioners in the matter that there were candidates included in the said Notification, dated 06.10.2021, who did not satisfy the eligibility criterias as mandated in the said Advertisement; directed the Assam Public Service Commission(APSC) to verify the respective educational qualifications of the candidates short-listed for the viva voce/interview segment of the selection process in respect of each Department for which they had so applied and to subject only such candidates who fulfill the eligibility criterias, to the interview process.

5. In terms of the directions as passed by this Court; it is seen that the Assam Public Service Commission(APSC) proceeded to constitute a Committee of Experts in the matter and the said Expert Committee proceeded to verify the credentials of each of the candidates who were held to be qualified to appear for the viva voce/interview segment of the selection process. The said Expert Committee after verifying the educational qualifications of all the candidates who were short-listed vide the Notification, dated 06.10.2021, pro