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"OFFICE OF THE HON'BLE MR. JUSTICE B.K. SHARMA INQUIRY COMMISSION RELATING TO AFFAIRS OF APSC (CCE-2014) HEDAYETPUR, MAGISTRATE COLONY, 1ST FLOOR, HOUSE NO. 4, GUWAHATI-781003 ORDER 13/07/2022 Enquiry so far made has revealed certain anomalies and malpractices allegedly committed by Shri Rakesh Kumar Paul, the then Chairman; Shri A. Nanda Babu Singh, the then Principal Controller of Examinations; Shri Pabitra Kaibarta, the then Assistant Controller of Examination and also some candidates allegedly beneficiaries of such anomalies and malpractices with their active involvement/ participation in conduct of the Combined Competitive Examination (CCE 2014). Anomalies and malpractices allegedly committed by each one of them be communicated to them individually by way of notice as drafted seeking their respective response to the same.

Further to that, at Chapter-XI of the Report, 2013 anomalies and malpractices as against the Petitioner in WP(C) No. 5862/2024 was mentioned with remarks "Illegal enhancement of marks in answer scripts of Law Paper-I, Law Paper-II and Sociology Paper-I".

95. This Court further takes note of that in the case of the other Petitioners also the Commission had enquired into their conduct and made observations, recommendations and findings pertaining to the anomalies and malpractices committed by them which touched upon the reputation of the Petitioners in the batch of writ petitions. This aspect is apparent from a perusal of Chapter-XI of the Report, 2013 as well as Chapter-X of the Report, 2014.

103. The Report, 2013 and Report, 2014 as opined above are in violation of the rights of the Petitioners under Section 8B and Section 8C of the Act of 1952. In the Judgments of the Supreme Court in Kiran Bedi (supra), State of Bihar (supra) and Sanjay Gupta (supra) the Supreme Court had held that the impugned Reports therein were required to be set aside as the Reports violated Section 8B and Section 8C of the Act of 1952. However, it is be borne in mind that the Page No.# 146/181 Reports under challenge therein specifically dealt with the reputation of the persons. However, in the instant cases, it would be seen that the Report, 2013 and Report, 2014 dealt with a hosts of questions which were referred in the Terms of Reference as already quoted hereinabove. The Report, 2013 and Report, 2014 not only dealt with the question of the anomalies and malpractices in the Combined Competitive Examinations of 2013 and 2014, but also dealt with what remedial steps which were required to be followed in the future so that similar anomalies and malpractices are not repeated. These remedial suggestions touch on the question of public importance which in the opinion of this Court may aid the Government of Assam to retrospect and introspect and take appropriate policy and decision as deemed fit.

"Statement of Allegation It has been reported by the One-man Commission of Justice (Retd.) B. K. Sharma about anomalies and malpractices resorted to for the selection of candidates with money and other extraneous consideration by the Assam Public Service Commission headed by the then Chairman Shri Rakesh Kumar Paul while conducting the Combined Competitive Examination, 2013.
Smti. Priyanka Deka is a beneficiary of the anomalies and malpractices carried out by the APSC.