JUDGMENT :

H.S. Thangkhiew, J.

1. The brief facts of the case are that the Meghalaya Public Service Commission (MPSC) had issued an advertisement dated 24.07.2017 inviting applications from eligible candidates to sit for the Examination for Meghalaya Civil Service Junior Grade against approximately 38 vacancies. In the Preliminary Examination, 576 candidates out of 10,730 were declared to have qualified to sit for the Main Examinations. The petitioners herein being aggrieved with the method of selection and procedure adopted in declaring the successful candidates eligible to sit for the Main Examinations, are before this Court by way of the instant writ petition.

2. The prayer of the writ petitioners as made out is for setting aside the impugned notification dated 05.10.2018 whereby 576 candidates were declared to be qualified to sit for the Main Examinations, to call for the records of all the 576 selected candidates who were successful in the Preliminary Examination, to direct the respondents (MPSC) to prepare fresh selection list by adhering to the examination plan and to declare the resolution dated 22.10.2018 as illegal and arbitrary.

3. Before adverting to the issue in hand, it would be expedient to recount the events that have since transpired after the institution of the present petition which has led to a changed situation as far as adjudication of the competing rights of the parties are concerned. This Court by order dated 04.12.2019 passed in Misc. application being MC(WPC) No. 236 of 2019 had kept in abeyance the notification No. MPSC/D-103/2/2017-2018/200, dated 16.08.2019 whereby the Main Examinations of MCS 2018 had been publicized to be held in the month of January, 2020.

4. However, this Court in the Division Bench by order dated 10.12.2019 set aside the above noted interim order dated 04.12.2019, and allowed for the Main Examinations to be conducted which was to take place on 18.01.2020, while holding that the same would remain subject to the outcome of the writ petition. This order in turn, was assailed before the Hon'ble Supreme Court which by order dated 09.01.2020 dismissed the Special Leave Petition and directed that the writ petition be disposed of as expeditiously as possible. Situated thus, this matter is now placed before this Bench for final disposal.

5. I have heard learned counsels for the parties.

6. Mr. P. Rai, learned Senior counsel assisted by Mr. P. Yobin, learned counsel at the outset submits that the fundamental issue raised initially in the writ petition was, whether the rules of the game can be changed once the game has started; and whether any un-communicated order or resolution have any force and be held valid in the eye of law. He fairly concedes that the writ petition as it stood was directed against the declaration of preliminary results which he submits, is no longer res integra, in view of the order of the Division Bench dated 10.12.2019, whereby the scheduled Main Examinations was not interfered with. He however, submits that the additional affidavit which had been filed with the permission of this Court bringing on record further developments and assailing the process adopted, by the respondent No. 5, will suffice to enable this Court to adjudicate on all issues involved in the matter. To this end, learned Senior counsel submits that important questions of law, on the premises upon which the petitioners have filed the writ petition still survive, and that this Court can determine these questions of law which are unaffected by the orders of the Division Bench and of the Hon'ble Supreme Court passed in this matter.

7. Learned senior counsel submits that at the relevant point of time when the writ petition was filed the prayer of the petitioners, was indeed limited, but with the change in circumstances and more information being brought on record both by the petitioner and the respondents by way of additional affidavits, counter affidavits and rejoinders, this Court under Article 226 of the