GUWAHATI: The Gauhati High Court on Friday, October 21, 2022, upheld the decision of the Government of Assam to list out the Language Paper required for the Mains Paper which was qualifying in nature in Assam Public Service Commission (APSC) exams.
The case draws a conclusion to the litigation pending before the Gauhati High Court over the issue of the language paper. The APSC advertisement for Civil Service Examination (CSE) 2021 listed out the criteria for appearing for the qualifying language paper. The court in its order and judgment directed the Assam Government: "In light of the view taken by this Court, the APSC is at liberty to declare the final results of Combined Competitive (Mains) Examination, 2020 (Written + Interview) and complete the recruitment process as prayed for in I.A. (Civil) No.1572/2022. The interlocutory application stands allowed accordingly."
While it provided for exemptions for candidates from Dima Hasao, Karbi Anglong, and West Karbi Anglong (later expanded to Cachar, Karimganj and Hailakandi vide amendment). This was challenged as discriminatory.
Hence, the Assam Government took a policy decision by way of a Cabinet decision dated November 24, 2021, extending that exemption to all candidates. This Cabinet decision was challenged for being inconsistent with the Constitution, statutory provisions, and interests of the Assamese people.
The High Court, after scrutiny of existing Acts, rules, and judgments, declared that such a decision was not in violation.
