Writ petition regarding Assam Public Service Commission's failure to adopt scaling and normalization method. Parties consented; court directed respondent to decide petition within two months.
Direction to respondent No. 2 to take a decision on the petitioner's representation within two months.
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GAHC010122172022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4142/2022
BHASKAR DASGUPTA
SON OF RATAN DASGUPTA, RESIDENT OF RAMTHAKURPOLLI, LUMDING, HOJAI, DISTRICT HOJAI, ASSAM, PIN 782447.
VERSUS
THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006.
2:THE ASSAM PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS CHAIRMAN JAWAHAR NAGAR KHANAPARA GUWAHATI-781022.
3:THE SECRETARY
ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR KHANAPARA GUWAHATI-781022.
4:THE PRINCIPAL CONTROLLER OF EXAMINATIONS
ASSAM PUBLIC SERVICE COMMISSION JAWAHAR NAGAR KHANAPARA GUWAHATI-781022
Advocate for the Petitioner : MR D K MEDHI
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Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 07-09-2022
Heard Ms. P. Baruah, learned counsel for the petitioner. Also heard Ms. P. Sharma, learned counsel appearing on behalf of Mr. T.J. Mahanta, learned Standing counsel for the Assam Public Service Commission (APSC) and Mr. J.K. Parajuli, learned counsel appearing for the respondent No. 1.
The grievance of the petitioner is that the Assam Public Service Commission (APSC) has not adopted the scaling and normalization method process, while evaluating the papers of candidates, who took part in the Combined Competitive Examination (CCE) Mains Examination, 2020.
The petitioner’s counsel submits that as the scaling and normalization method has been applied for evaluating papers by the Union Public Service Commission (UPSC), the said method should be applied by the Assam Public Service Commission (APSC). She submits that the petitioner has also submitted a representation dated 01.04.2022 to the respondent No. 2. However, the respondent No. 2 has not taken a decision on the petitioner’s representation till date.
The petitioner’s counsel submits that the present writ petition can be disposed of, if a direction is issued to the respondent No. 2 to take a decision on the petitioner’s representation, within a specified time period.
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Ms. P. Sharma, learned counsel for the Assam Public Service Commission (APSC) submits that she does not have any objection to the prayer made by the petitioner’s counsel.
In view of the consent of the parties, this writ petition is disposed of, with a direction to the respondent No. 2, to take a decision on the petitioner’s representation, within a period of 2 (two) months from the date of receipt of a certified copy of this order. The decision taken thereafter shall be communicated to the petitioner.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition should be disposed of in view of the consent of the parties regarding the adoption of scaling and normalization method by APSC.
BHASKAR DASGUPTA
THE STATE OF ASSAM
THE ASSAM PUBLIC SERVICE COMMISSION
THE SECRETARY
THE PRINCIPAL CONTROLLER OF EXAMINATIONS
MICHAEL ZOTHANKHUMA
As recorded by the court registry
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