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J. K. MAHESHWARI, ATUL S. CHANDURKAR
State of Assam – Appellant
Versus
Shalini Khan – Respondent
ORDER
1) Leave granted.
2) The present appeals arises out of the order dated 11.12.2024 passed by the Gauhati High Court (hereinafter referred to as, ‘The High Court’) in Writ Appeal Nos. 361, 363, 364, 371, and 373 of 2023. The core grievance of the appellantState in this matter is that the High Court allowed the appeals preferred by the private respondents, directing the Assam Public Service Commission (hereinafter referred to as, ‘The APSC’) to declare their results, and further directed the appellant-State to accord them appointments.
3) The appellant contends that these directions were in complete non-observance of Rule 11 of the Assam Public Services (Combined Competitive Examination) Rules, 1989 (hereinafter referred to as ‘the 1989 Rules’).
4) It is not in dispute that the private respondents namely Shalini Khan, Saswati Das, Manish Baruah, Girbani Deka and Vidisha Bodo who were unsuccessful in clearing the Preliminary Examination of the Combined Competitive Examination; pursuant to an interim order dated 30.07.2019 passed by a Learned Single Judge of the High Court in Writ Petition (Civil) No. 3328/2019 and other connected petitions, were permitted to participate in the
The court established that the condition of passing the Preliminary Examination is mandatory, but equitable relief can be granted based on performance in subsequent stages.
As per said 1989 statutory Rules, one of essential conditions is that to be qualified for admission to Main Examination of Combined Competitive Examination, one has to qualify Preliminary Examination....
Public Service Commission - Civil service Examination - Public Service Commission have no power to relax the recruitment norms - Public Service Commission have no power to relax the recruitment norms
Supreme Court did not give a blanket order for allowing any candidate to approach the Court for re-evaluation at any point of time and restricted relief to those candidates who had approached the Cou....
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
The main legal point established is that candidates cannot challenge the lack of reservation benefits after participating in the selection process, and the reservation policy may not apply to the pre....
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