IMPORTANT POINT
The court established that allegations of fraud in public recruitment necessitate an enquiry to ensure transparency and fairness.

JUDGMENT :

S.K. Medhi, J.

Both these writ appeals being preferred against a common judgment and order dated 27.08.2024 passed by the learned Single Judge in WP(C)/4325/2012 and WP(C)/7378/2013, the same are taken up for an analogous hearing and are disposed of by this common order.

2. At the outset it is made clear that at the admission stage itself extensive hearing was done and all the learned counsel had advanced their arguments and accordingly the matters were taken up for final disposal at this stage itself.

3. Before going to the issue which has been raised in these appeals, it would be convenient if the basic facts of the case are put in a nutshell.

4. In the year 2011, an advertisement was published by the APSC for appointment of various posts of Deputy Director, Inspector of Schools, District Elementary Education Officers which are all of equivalent ranks. In the selection, the present appellant was amongst the selected candidates and was accordingly appointed along with 15 others. The selection was however the subject matter of challenge in the aforesaid two writ petitions. It has been contended that though various allegations were made against few other successful candidates, there was no allegation at all against the present appellant. Though the writ petitions were instituted in the years 2012 and 2013, the matters went on and the appellant continued to serve. During the pendency of the writ petitions, additional affidavits were filed and the last was filed by the petitioners in January, 2024. In the said additional affidavit, certain new facts have been brought on record which is of significant importance. It has been revealed that on the aspect of the experience certificate relied upon by the present appellant, RTI application was made to the concerned School and from the same, it has been revealed that such experience certificate was not issued and was accordingly cancelled. Based on the said information, an FIR appears to have been lodged by one Rajesh Chakraborty giving rise to CID PS Case No. 72/2013. In the said police case, investigation was done resulting in submission of the charge sheet No. 18/21 dated 31.12.2021. Based on the aforesaid development, the writ petitioners have gathered further support to the allegations and the reliefs prayed for.

5. The writ petitions were contested by the present appellant, who was a respondent. It however transpires that against the additional affidavit filed in January, 2024, there was no rebuttal affidavit on behalf of the appellant. Be that as it may, the learned Single Judge, vide the impugned judgment and order dated 27.08.2024 had allowed the writ petition by directing the Commissioner, Department of Education, Government of Assam to make an enquiry into the matter and pass consequential orders in accordance with law within a period of two months. It was also provided that the appointment of the petitioners could be considered in view of the fact that the petitioners had secured marks which would have placed then above the last selected candidate.

6. Being aggrieved by the aforesaid directions, the present appeals have been preferred.

7. We have heard Shri KN Choudhury, learned Senior Counsel assisted by Shri R. Singha, learned counsel for the appellant. We have also heard Shri BD Das, learned Senior Counsel assisted by Ms. R. Deka, learned counsel for the respondent nos. 1, 2 and 3 in WA/332/2024, who has entered appearance at the admission stage itself; Shri R. Mazumdar, learned Standing Counsel, Secondary Education Department and Shri PP Dutta, learned Standing Counsel, APSC. Further, in view of the order proposed to be passed, issuance of notice in WA/331/2024 would not be necessary.

8. Shri Choudhury, the learned Senior Counsel for the appellant, has submitted that when the writ petitions were instituted in the years 2012 and 2013, there was not a single allegation against the appellant and the allegations have been made much later after filing of the charge sheet in