GAHC040013342025 2025:GAU-AP:1364

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

W.P(C) N . 364/2025

O

Miss. Mudang Yabyang,

D/o. Lt. Mudang Tayo, presently residing at Rono Hills, P.O. & P.S.

Doimukh, Papum Pare District, Arunachal Pradesh.

…… ..Petitioner

-Versus

The Arunachal Pradesh Public Service Commission, Itanagar represented by the Secretary, Arunachal Pradesh Public

Service Commission, APPSC Bhavan, Itanagar.

……

. .Respondent – B E F O R E –

HON’BLE MR. JUSTICE SOUMITRA SAIKIA

Advocate for the petitioner : Mr. Tony Pertin, Advocate

Advocate for the respondents : Mr. Ajing Apang, Sr. Counsel and Standing Counsel, APPSC

Date of Hearing: : 02.09.2025 Date of Judgment and Order : 04.12.2025

JUDGMENT AND ORDER (CAV)

Heard Mr. Tony Pertin, learned counsel for the petitioner and Mr. Ajing Apang, learned Senior Counsel assisted by Ms. K. Loya, learned counsel for the Arunachal Pradesh Public Service Commission.

2. This petition is filed by the petitioner put into challenge the order dated 24.07.2025, passed by the Arunachal Pradesh Public Service Commission (for short, “APPSC”), Itanagar, whereby the Commission has decided to debar the petitioner for a period of one year from the date of issue of said order for all the examinations conducted by APPSC with a strict warning that any repeat of offence will lead to permanent debarment by the Commission.

3. Shorn of unnecessary details, the relevant facts pleaded in the present writ petition are that the petitioner is a person with disability, suffers from loco motor disability, because of which she is wheelchair bound. The petitioner owns both B.Tech and M.Tech degrees in Electrical Engineering. Being eligible, she applied and appeared for the APPCSE (Preliminary Examination-2024). During the examination, held on 15.12.2024, when the petitioner was given the compensatory time allowed to PwD candidates, she was caught red-handed with a mobile handset while she was coming back from the washroom to the examination hall. Although the petitioner pleaded with the invigilator that she was unaware about the mobile phone being available in her jacket pocket and also because she never had any dishonest intent of using the same mobile phone during the examination, she pleaded with the invigilator to allow her to continue with the examination. However, she was not permitted to continue with her examination and was segregated from the other examinees and subsequently she was informed that her candidature for the continuance of the examination stood cancelled. Thereafter, the Commission passed an order debarring the petitioner from continuing with the said examination. A criminal case being Nlg. P.S. Case No. 157/2024 under Section 12(1) of APPE Act was also instituted, which is pending trial. The petitioner, in good faith, did not assail the same order as she accepted the fact that a mobile phone was found in her jacket pocket and which in terms of the guidelines for examination published by the Commission, is not permissible.

4. Thereafter, the APPSC vide the advertisement No. APPSC/1/2025, dated 09.05.2025, invited applications for the post of Assistant Engineer under various Works Departments of the Government of Arunachal Pradesh. The petitioner, being eligible, applied for the said examination. However, to her surprise, her candidature came to be withheld. Immediately upon being informed about her candidature being withheld, she filed a formal representation, dated 18.07.2025 to the Commission, seeking clarification and disclosure of the specific reasons for withholding her candidature from the ensuing examination scheduled to be held. However, no response was received initially from the Commission.

5. Thereafter, the petitioner was served with a Show-Cause Notice No. PSC- 17/2025, dated 18.07.2025, which was sent by email on 19.07.2025. The said Show-Cause Notice called upon the petitioner to submit her reply in Show-Cause as to why disciplinary action in terms of the