Advocates:
['P YOBIN', '', 'K KONYAK', 'KV KHARLYNGDOH', 'S CHHETRI', 'Y EBIYA', 'W LAMIN', 'S SHYAM', 'P RAI SR ADV', 'K PAUL', '', 'D LYNGDOH', 'A DHAR', 'P SHOME', 'B KHARWANLANG']

WP(C) No. 510 of 2018 Page 1 of 16

Serial No. 01

Regular List

HIGH COURT OF MEGHALAYA

AT SHILLONG

WP(C) No. 510 of 2018

Date of Decision: 27.01.2021

Miss. Dahunshisha Rynjah & Ors. Vs. The Meghalaya Public Service

Commission & Ors.

Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Judge

Appearance:

For the Petitioner(s)

:

Mr. P. Rai, Sr. Adv. with

Mr. P. Yobin, Adv.

For the Respondent(s)

:

Mr. K. Paul, Adv.

i)

Whether approved for reporting in

Yes

Law journals etc.:

ii)

Whether approved for publication

in press:

Yes/No

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.

WP(C) No. 510 of 2018 Page 2 of 16

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.

WP(C) No. 510 of 2018 Page 3 of 16

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