Gauhati High Court Upholds Selection List Of Veterinary Dept, Says APSC's Rule 4A Permits Recruitment On Basis Of Interview Only

The Gauhati High Court on Friday upheld the selection list prepared by Assam Public Service Commission (APSC) for filling up 162 posts in the category of Veterinary Officer/ Block Veterinary Officer which was challenged on the ground that the selection was done without conducting a written test.“It is no doubt correct that under Rule 4B the APSC would be required to hold a written competitive examination. However, Rule 4B would be applicable when the number of applicants is more than 5 (five) times the number of advertised vacancies, which is not the case in hand. It is correct that the number of applicants were more than 500, but as per Rule 4A, when the number of applicants is equal to or less than five times the number of vacancies, recruitment to such posts can be made only on the basis of oral interview. In this case the number of applicants was less than five times the number of vacancies,” said Justice Suman Shyam.The impugned select list dated 23.11.2022 was challenged by 21 petitioners who had participated in the interview but could not make it to the final list, on the ground that the selection procedure was not conducted as per the provisions of Rule-4B of the Assam Public Service Commission (Conduct of Business) Procedure, 2019.K. N. Choudhury, senior counsel, appearing for petitioners, argued that the authorities ought to have conducted a written test along with interview for preparation of select list as provided under Rule-4B. He further argued that since the number of applicants were more than three times the total number of vacancies, Rule 4A would not be applicable in this case.In an affidavit filed by the Department of Animal Husbandry and Veterinary, it was explained that as per the provisions of Rule 6(c) of the Assam Animal Husbandry, Veterinary and Dairying Service Rules, 1988 read with Clause 4(A) of the Procedure of 2019, it was permissible for the Commission to prepare the select list only on the basis of interview without holding a written examination.P.K. Goswami, senior counsel appearing for private respondents, argued that the APSC had duly notified the procedure to be adopted - which is “interview only” by issuing the notification dated 02.11.2022. He further submitted that the 2019 Procedure is very clear and the same confers discretionary power on the APSC to device the method of selection. "Since as per Rule 4, ‘interview’ is a permissible method for selection of candidates in case of direct recruitment, there is no infirmity in the select list dated 23.11.2022," Goswami argued.The court observed that by issuing the notification dated 02.11.2022 by APSC, it was notified that the selection process will be conducted on the basis of “interview”.The court further observed that the petitioners were not only aware of the method of selection but they had also appeared in the interview process without raising any protest.“A plain reading of Rule 4A of the Procedure of 2019 makes it clear that in case of direct recruitment the select list can be prepared only on the basis of interview. It is no doubt correct that Rule 4A speaks of short-listing the candidates by following the ratio indicated therein. However, it is also to be noted herein that the Rules clearly mention that the criteria for short-listing will be decided by the Commission,” it added.The court said that the inclusion of the expression “the criteria for short-listing will be decided by the Commission” makes it amply evident that if the posts were to be more than 100, it was open for the Commission to decide on the criteria of short-listing. But the fact of the matter is there was no short-listing in this matter, it added. It further said that since all eligible candidates including writ petitioners were allowed to participate in the interview process, there has been no violation of Rule 4A in this case.“This Court finds that there is no ambiguity in Rules 4A and 4B of the Procedure of 2019. The Rule 4A, read in the context of Rule 6(c) of the Rules of 1988, which permits the Commission to make selection by holding test or interview, makes it amply clear that the procedure adopted by the APSC viz. holding interview only was not in violation of the applicable Rules,” it said.It vacated the interim stay order and dismissed the writ petition stating that it cannot be said that the procedure adopted by the APSC for preparation of the select-list by taking recourse under Rule 4A was impermissible in the eye of law.Case Title: Krishanu Kumar Bhagabati & 20 Ors. v. The State of Assam & Ors.Citation: 2023 LiveLaw (Gau) 28Click Here to Read/Download Judgment

Gauhati High Court Upholds Selection List Of Veterinary Dept, Says APSC's Rule 4A Permits Recruitment On Basis Of Interview Only

Udit Singh

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