SHILLONG, July 29: With the candidature of the 18 candidates who had successfully cleared MPSC examination in 2008 for appointment as Lower Division Assistant (LDA) on the verge of being lapse, their hopes now rest entirely on government.
Observing this, a senior lawyer of the Shillong Bar Association says that it is a policy matter and the verdict clearly mentions that the state could deviate in exceptional and emergent situation taking a policy decision adding â€œit also states exception cannot be rules, implying from now on the Commission cannot select more candidates than what is advertised for by the Government departmentsâ€.
Mentionably, MPSC had advertised for 32 posts against which the Commission shortlisted 126 candidates and absorbed 108. Also, the advertisement was announced in 2008 but the examination was held in 2011 after five clear years.
The 18 remaining candidates in a letter submitted earlier to the Chief Minister of the State sought for his intervention, the candidates have apprised that out of 126 candidates selected, 108 had already been appointed before the MPSC upheld the SC verdict against them while the balance 18 have not been appointed since last one year from the date their results have been declared passed in both written and personnel, they have also outlined that their candidature is going to be lapsed â€œif it is not recommended for extensionâ€.
However, some of these candidates said â€œIt is apparent that the Government sees reason as many on us are now over-aged because the advertisement we applied for was in 2008, and since then we have been waitingâ€.
It may be recalled that MPSC while, on its course of revamping itself after being hogging the limelight for all the wrong reasons have taken recourse to a Supreme Court Judgment on a verdict relating to Assam Public Service Commission (APSC) and has decided to only select candidates as per the requirement of vacancies in the advertisement from now on, but all along it would recommend much beyond the advertised post.
MPSC has adopted the Supreme Court judgment on the State of Assam SLP (Civil) 20/12/2012 (cc) 27/20/12 on similar count which suggests that under such situation fresh advertisement is required to be published for the remaining number of vacancies as the Court upheld the view that filling up of vacancies over the advertised number of post would violate the fundamental rights of Article 14/16 of the Constitution and under para 10 (pg13) it was also explained â€œit is well established that an authority cannot make any selection /appointment beyond the number of post advertised even if there were a larger number of posts available than those advertisedâ€.Â
It is in this context that disparity in the approach is observed by the candidates and their hopes remain bleak as they said â€œwe have nothing against the government towards revamping the Commission but why a flawed policy should be corrected at our expense with such indifference towards only 18 of us, where have we gone wrongâ€ they lament.