Court No.2

HIGH COURT OF SIKKIM

Record of Proceedings

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WP(C) No.74 of 2025

DR. AZEL RAI AND OTHERS PETITIONERS

VERSUS

STATE OF SIKKIM AND OTHERS RESPONDENTS

Date: 12.12.2025

CORAM :THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

For Petitioners

For Respondents

1, 3 & 4

2

Mr. Pradeep Tamang, Advocate.

Mr. Lahang Limboo, Advocate.

Mr. Sawal Rai, Advocate.

Mr. Thinlay Dorjee Bhutia, Government Advocate.

Ms. Pema Bhutia, Assistant Government Advocate.

Mr. Aarohi Bhalla, Senior Advocate.

Mr. Bhusan Nepal, Advocate.

ORDER

1. On Mention Memo being filed by the Respondent No.1 on

11-12-2025, this matter is taken up today.

2. I.A. No.02 of 2025 is an application filed on behalf of the

Respondent No.2, Sikkim Public Service Commission (SPSC), seeking

disposal of the instant Writ Petition.

3. It is submitted by Learned Senior Counsel for the

Respondent No.2 that, this Court vide Order dated 17-11-2025, in I.A.

No.01 of 2025, had directed the Respondent No.2 to permit the

Petitioners to appear for the Viva-Voce which were scheduled to take

place on 18-11-2025, 19-11-2025 and 20-11-2025. In compliance to

the Order of this Court, the Petitioners were allowed to appear for the

Viva-Voce and their interviews conducted on 19 -11-2025 and 20-11-

2025 along with other candidates. The final results of the said selection

process is yet to be declared by the Respondent No.2. That, as all the

prayers of the Petitioners before this Court were to permit them to

appear in the Viva-Voce which has accordingly been complied with, this

Court No.2

HIGH COURT OF SIKKIM

Record of Proceedings

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Writ Petition has thereby become infructuous and is liable to be

disposed of.

4. Learned Counsel for the Petitioners submits that in fact

there is a Notification bearing No.44/GEN/DOP, dated 27-10-2015, of

the Department of Personnel, Administrative Reforms, Training and

Public Grievances, Government of Sikkim, which allows persons who are

in the last year of their graduation programme to appear for the

examinations. The Respondent No.2 vide various Notices issued for the

purposes of this examination have not specified as to whether the 2015

Notification has been superseded. Hence, this issue is yet to be

adjudicated upon.

5. Considered submissions.

6. I have perused the pleadings in the Writ Petition with regard

to the Notification of 2015. There are no prayers made in the Writ

Petition with regard to the Notification or other details thereto. In such

circumstances, the submissions of Learned Counsel for the Petitioners

with regard to the Notification of 2015 cannot not be countenanced.

7. Writ Petition is disposed of accordingly.

8. In such circumstances, nothing restrains the Respondent

No.2 from declaring the final results of the selection process.

9. Pending applications, if any, also stand disposed of.

Judge

12.12.2025

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