HC declines to pass stay order in APPSC withdrawal of appointment

ITANAGAR, 15 May: The Gauhati High Court (HC) has declined to pass a stay order in the Rosy Taba vs the state government (and four others) case, and said that the issue would require some deliberations.

Taba has filed a writ petition in the HC, challenging/seeking a stay order regarding withdrawal of her appointment as a member of the Arunachal Pradesh Public Service Commission by the state government through a notification issued on 18 April this year. Her appointment was made by the government through a notification issued on 7 February this year.

“Taking into account the facts and circumstances, this court is not inclined

 to pass any blanket order of stay,” HC Judge SK Medhi issued the order after hearing both the counsels on 8 May.

The petitioner complained that “such withdrawal is based on extraneous considerations and irrelevant factors.”

The state government’s Additional Advocate General, RH Nabam argued that “the projection made by the petitioner is not correct as the impugned notification on 18 April, 2023 has been issued even before assumption of the charge by the petitioner.”

He further contended that “there are other materials and factors for which such action has been taken.”

The counsel for the respondents also submitted that “a fresh process of recruitment has been initiated by issuance of a fresh advertisement.”

The counsel for petitioner, D Panging, had prayed for an interim order.

“The issue would require some deliberations. Issue notice, returnable by four weeks,” the court order read.

The advocate general accepted the notice on behalf of the respondents.

However, the court directed that “any process initiated pursuant to the advertisement dated 28 April, 2023 shall be subject to further order(s) that may be passed in this writ petition.”

The court has listed the next hearing of case on 29 May.