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"On 29-10-2011 an advertisement was issued in the Employment News/Rojgar Samachar calling for application to fill up numbers of vacancies in the Food Corporation of India which included the post of the Assistant Grade III Technical (Post Code C). The advertisement besides laying down the eligibility criteria, also laid down the scheme of examinations for all the posts including the post of AG III Technical (Post Code C). As per the laid down scheme of examination, a candidate applying for the post of AG III Technical (post Code C) is required to appear in examinations for paper I, paper III and Computer Proficiency Test (CPT). The scheme was arranged in such a manner that only the candidates who clear the paper I examination would be short listed and allowed to sit for paper III examination and similarly, the candidates who clear the paper III examination would be short listed and allowed to appear for Computer Proficiency Test (CPT).

The petitioner being eligible in all respect, applied for the said post of AG III Technical (Post Code C) and offered his candidature through online application which was accepted by the respondent No. 2. The petitioner thereafter, was allotted registration No. 51200805122. Subsequent to the allotment of the said registration, the petitioner received an Attendance Sheet/Admit Card bearing Roll No. 5401000130, Category ST, Centre Code 5401/01 and Ticket No. 5000328 for paper I examination to be held on 05-02-2012. The petitioner appeared in the said examination, result of which was declared on 07-03-2012 wherein the petitioner was shown to have qualified and his name appeared at SR No. 24050. The petitioner was accordingly short listed for paper III examination. Thereafter, the petitioner received the Admission Certificate for paper III examination to be held on 15-04-2012. The petitioner appeared in the said examination, result of which was declared on 18-05-2012 wherein the petitioner was shown to have qualified and his name appeared at SR No. 4022. The petitioner was accordingly short listed for the Computer Proficiency Test (CPT) and thereafter, received Admission Certificate for the same to be held on 23-06-2012. The petitioner appeared in the said CPT to the best of his ability. After the conclusion of all the examinations, a select list/list of the successful candidates was prepared on 18-08-2012 in order of Roll No and the petitioner was declared to have been successful and his name appeared at Sr. No. 995.

"20.04.2015 Heard Mr. B. Bhattacharjee, learned counsel for the petitioner Shri Kam Minthang Hilsiam who submits that, the petitioner applied for the post of Assistant Grade III Technical (Post Code C) through Staff Selection Commission. Accordingly, he received an interview letter and sat for the interview, which was held at Shillong on 05.02.2012 (Written Examination for Paper-I) and the result was declared on 07.03.2012 and he has been declared as qualified and thereafter, he was allowed to sit for Paper-III on 15.04.2012 and the result was declared on 18.05.2012 and declared qualified. Thereafter, he was allowed to sit for Computer Proficiency Test (CPT) on 23.06.2012 and the final result was declared on 18.08.2012 and he was found qualified. Thereafter, the petitioner was waiting for his appointment letter, but since there was a delay, he approached the respondent No. 3- Regional Director, Staff Selection Commission at Dispur, Assam enquiring about his appointment letter to which the said respondent No. 3 replied that the matter is under process. But, to his utter surprise after some days, he received a letter dated 18.02.2013 wherein, he was informed that he was found indulging copying in the examination. As a result, his candidature was cancelled with immediate effect and in the said letter, he was also asked to show cause within 15(fifteen) days, as to why he should not be debarred to sit for any examination for a period of 5(five) years. Accordingly, the petitioner also filed a show cause on 25.03.2015 to the respondent No. 3. After receiving the show cause, the respondent No. 3 debarred the petitioner from sitting in any other examination for 5(five) years issued vide Memorandum dated 24.05.2013.

Shri Kam Minthang Hilsiam, the petitioner in the aforesaid WP(C) No. 237 of 2013, applied for the post of Assistant Grade-III (Post Code C) through Staff Selection Commission in the year 2012. He appeared the written examination for Paper-1 which was held at Shillong on 05.02.2012 and the result was declared on

07.03.2012 and he being qualified was allowed to sit for Paper-III on 15.04.2015. He was also qualified in the result of Paper-III declared on 18.05.2012. Thereafter, he sat for the Computer Proficiency Test (CPT) on 23.06.2012 and the final result was declared on 18.08.2012 and he was qualified. Thereafter, he was waiting for his appointment letter, but since there was a delay, he approached the respondent No.3-Regional Director, SSC, Guwahati at Dispur, Guwahati, Assam enquiring about his appointment letter to which the said respondent No.3 replied that the matter is under process. But, to his utter surprise after some days, he received a letter dated 18.02.2013 wherein, he was informed that he was found indulging copying in the examination. As a result, his candidature was cancelled with immediate effect and in the said letter, he was also asked to show cause within 15 days, as to why he should not be debarred to sit for any examination for a period of 5 years. Accordingly, Shri Kam Minthang Hilsiam also filed a show cause on 25.03.2015 to the respondent No.3. After receiving the show cause, the respondent No.3 debarred Shri Kam Minthang Hilsiam from sitting in any other examination for 5 years issued vide Memorandum dated 24.05.2013. Hence, being aggrieved, Shri Kam Minthang Hilsiam filed the aforesaid WP(C) No. 237 of 2013.