14/03/2023
A REPORT ON KEMO LOLLEN VS STATE OF ARUNACHAL PRADESH AND OTHERS
March 30, 1992
Highlight:
1. On September 1988, the Arunachal Pradesh Public Service Commission invited applications for recruitment for the 10 post of Arunachal Pradesh Civil Service (Grade -II), and 3 posts of Arunachal Pradesh Civil Service (Junior).
2. In the advertisement, it was provided that total marks for written examination would carry 700 marks and 300 marks for Viva voce(Total 1000 marks). Minimum qualifying mark for viva voce was fixed at 150(50%).
3. At the time of viva voce test the vacancies increased from 10 to 22 in respect of APCS (Grade -II). Therefore, 52 candidates were called for viva voce test.
4. Final list of result was declared on 29.12.1989, and selected 22 candidates for APCS (Grade -II) and 3 candidates for APCS (Jr) in order of merit.
5. The Petitioner Kemo Lellen secured 379 marks in written examination and 135 in viva voce, total being 514 but failed because of Viva voce. The Respondent was one of the selected candidates who secured 492 marks in total. The Petitioner has challenged the selection and/or the select list.
6. The learned Counsel for the Petitioner has attacked the selection and/or selection list on the ground that the Commission has no authority to fix the minimum qualifying marks for the viva voce test, and that 30% (300) of the total marks allocated for viva voce test is excessive and arbitrary.
7. THE next question which arises for consideration is whether 30 % of the total marks reserved for viva voce test is excessive and arbitrary.
8. In AK Yadav v. State of Haryana : AIR 1987 SC 454, a Constitutional Bench of the Supreme Court has suggested that the Public Service Commission in the States should also adopt 12.2% of the total marks for the viva voce test as is adopted by the Union Public Service Commission so that there should be uniformity in the selection process throughout the country.
FINAL VERDICT:
For the reasons stated above, the Honourable Court allow the writ petition and quash the selection made by the Arunachal Pradesh Public Service Commission with a direction to re-do the selection list on the basis of the aggregate marks obtained by the candidates in the written and viva voce tests. And accordingly it was re-done based on aggregate of MAINS AND VIVA VOCE and final results were declared in 1992.
REPORT:
This was one of the historic judgement by Gauhati High court as it took almost 4 years to complete the first examination conducted by APPSC in 1988. During those period recruitment were directly inducted as EAC not as CO. The 4 year long battle was fought between KEMO LOLLEN, GEGONG APANG, AAPSU vs Smti OMEM DEORI, APPSC and others and also called as SELECTED vs NON-SELECTED.
It is very interesting to know that KEMO LOLLEN, NYALI ETE sir and few others were initially not in the selected list but got selected after the court verdict and therefore Tage Kaki (PRESENT DDSE of LIKABALI) and few others were not in the final list. IN TOTAL, THERE WERE 5 in and so 5 out in the final merit list. There was no any change in merit upto 15th rank. The topper of that exam was ONIT PANYANG and second rank was BIDOL TAYENG. Twin sisters Smti Sadhna Deori and Bandhana Deori (IRS) d/o Smti Omem Deori were also selected in the exam. Shri TS Deori was the Chairman at that time.
It is to mentioned that the court couldn’t establish any wrongdoing in the examination process but report has suggested that there was a high chance of manipulation or nepotism during VIVA VOCE because 300 marks in viva is too much excessive and arbitrary.
TWO MONTHS PRIOR TO THE COURT VERDICT OF THIS CASE, Taket Jerang was appointed as UDC on 07/01/1992. And thereafter he learnt the greatest art of fooling a constitutional body like APPSC and become next to GOD as he was able to make people like Minoty Borang, Opet Mibang, Obur Jerang etc a CLASS-A, B OFFICER who even failed after getting question paper and thereby killing the dreams and hopes of many poor and deserving aspirants. CAN TAKET JERANG ALONE BE EVER ABLE TO EXECUTE THIS ENTIRE SCAM WITHOUT GETTING CAUGHT FOR MANY YEARS? DOESN’T ANYONE FROM COMMISSION NEVER KNEW OF ANY WRONGDOING BY HIM? How come he alone kept all the money (in crores) he took from buyers in his pocket only? All the Answer lies deep inside the heart and soul of Taket Jerang and other members. And in 2022-23, We all are being pushed to a tensed and volatile situation who have nothing to do with HIS GREEDINESS and finally the scam has deeply percolated down to the general public, butchering their every little dreams and aspirations and wasting their time and energy fighting for their rights and to get justice delivered. And those who were actually responsible for this entire scam are sitting behing the couch, roaming freely, watching us shouting and crying silently and act like they have done nothing and terms this issue as very unfortunate incident.
GOD SAVE US FROM THIS ISSUE AND PEACE BE PREVAIL SOON🕊️🕊️🕊️
BONA-FIDE MEMBER OF HIKKE WELFARE SOCIETY (HWS)
