Transparency in recruitment must be maintained, yet merit positions dictate lawful selections; challenges to selections require substantive evidence.

JUDGMENT :

Heard Mr. K. D. Sarma, learned counsel for the petitioner. Also heard Ms. A. Dey, learned counsel, appearing on behalf of Mr. B. Sarma, learned counsel, representing the respondent No. 2, and Ms. S. Baruah, learned counsel, appearing for the Respondent No. 3.

2. The present proceeding has been instituted by the petitioner, herein, praying for the following reliefs:

“In the premises aforesaid, it is, therefore, respectfully prayed that your Lordships' would graciously be pleased to admit this petition, call for the records, calling upon the respondents to show cause as to why a Writ in the nature of Mandamus and/or/any writs or order or direction of like nature shall not be issued to the respondents to disclose the final result along with merit list/comparative statements of marks of the candidates and/or setting aside and quash the Result dated 07.06.2024 declared by the Principal Controller of Examinations, Assam Public Service Commission, select the actual eligible candidate for appointment to the post of Assistant Librarian in view of the Advertisement No.10/2023 dated 12.04.2023 (Annexure-C).

And Pending for disposal of this petition, it is further prayed that as a measure of interim relief, Your Lordships' may pass such order or direction restraining the Respondents authority to appoint in the post of Assistant Librarian in view of the Advertisement No.10/2023 dated 12.04.2023 (Annexure-C).”

3. The Assam Public Service Commission(APSC) on a requisition made to it for conducting the recruitment process for recruitment against 2(two) posts of Assistant Archivist and 1(one) post of Assistant Librarian in the Directorate of Archives, Assam, had issued an advertisement, vide Advertisement No. 10/2023, dated 12-04-2023, putting up the said posts for recruitment. The petitioner, herein, being eligible for recruitment against the post of Assistant Librarian lying vacant in the Directorate of Archives, Assam, submitted his application, complete in all respects, in pursuance of the advertisement, dated 12-04-2023. The petitioner, thereafter, participated in the recruitment process along with 41 other candidates including the Respondent No. 3, herein. On conclusion of the selection process, the Assam Public Service Commission (APSC) authorities published the result of the selection process vide its select list, dated 07-06-2024 and therein, reflected the name of the Respondent No. 3, herein, as the selected candidate. The petitioner, thereafter, approached the SPIO, Assam Public Service Commission(APSC), by invoking the provisions of the Right to Information Act, 2005, seeking information with regard to the marks obtained by the candidates appearing in the said selection process and also the educational qualifications possessed by them. The SPIO, Assam Public Service Commission (APSC), vide communication, dated 14-08-2024, replied to the application submitted by the petitioner under the provisions of the RTI Act, 2005, and to the question No. 2, posed therein, submitted that the candidates were shortlisted as per the qualification mentioned in the advertisement, in question. With regard to the merit positions obtained by the candidates participating in the selection process, it was contended that the said information would not be permissible to be furnished to the petitioner, herein, in terms of the provisions of Section 8 (1)(j) of the RTI Act, 2005.

4. Being agreed, the petitioner, herein, has instituted the present proceeding, praying for the reliefs, as noticed hereinabove.

5. Mr. Sarma, learned counsel for the petitioner, has reiterated the facts as noticed hereinabove and has submitted that the non-disclosure of information to the petitioner, h