GUWAHATI, Oct 16 - The Gauhati High Court today directed the State Government to nominate a retired High Court Judge within one month to go into the issues of allegations in regard to the anomalies and malpractices in conducting the Combined Competitive Examination (CCE), 2013 by APSC.
The Court further directed that the terms of reference framed for the Subhas Das Committee should also be framed for the Commission. In addition, the terms of reference should be comprehensive to include any type of malpractices in paper setting, valuation, moderation and viva-voce, including the competence of experts chosen for paper setting and valuation, should also be part of the terms of reference.
Senior Advocate Bhaskar Dev Konwar said that the Division Bench observed that the allegations with regard to the anomalies and malpractices cannot be efficaciously decided in a writ petition as it relates to factual matters. In that view the Court held that the Commission headed by retired Judge of High Court would be the appropriate forum to go into the issues of allegations of anomalies and malpractices in the conduct of examination, where all aggrieved parties can put forth their cases before the Commission.
The Court held that with the appointment of the Commission, the question of irregularities and malpractices in conducting the examination shall have to be decided by the Commission to be headed by retired Judge of the Gauhati High Court.
The Government of Assam constituted the Subhas Chandra Das Committee to inquire into the complaint petitions received in connection with the Combined Competitive Examination 2013, conducted by APSC and the results of which were declared on May 12 this year.
During the course of inquiry, the Committee received petitions from KMSS and other organisations alleging irregularities in the conduct of the CCE-2013 by the APSC wherein doubts were raised about the conduct of APSC Chairman Rakesh Paul.
But since those petitions were not covered by the terms of reference of the inquiry as notified by the Government, they were not looked into. It was observed in the report that the APSC being a constitutional autonomous body, an administrative inquiry has very little scope to inquire into it and the State Government may take a decision with regard to those petitions. The report of the Das Enquiry Committee was submitted to the Government on July 15.
The Das Committee report was challenged before the High Court (PIL No. 106/2015) by OP Singha contending that the committee meekly conducted the inquiry yielding to pressure and therefore the report is to be rejected by the Court.