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2012 Supreme(Gau) 184

BIPLAB KUMAR SHARMA
Mukul Ch. Bordoloi – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. M. Phukan, Mr. L.N. Dihingia and Mr. R. Goswami
For Respondents/Defendant: Mr. D. Saikia, Addl. AG, Assam and Mr. P.N. Goswami, SC Edn.

JUDGMENT

B.K. Sharma, J.

1. All these writ petitions pertain to selection and appointment of Headmasters in the High Schools throughout the State of Assam. While some of the petitioners have challenged the legality and/or validity of the selection, some have prayed for appropriate direction towards implementation of the select list that was prepared by the Selection Board pursuant to the selection conducted. Upon hearing the learned counsels for the parties at some length and as recorded in the order dated 6.1.2012 the following issues emerged for consideration :

(1) Whether, the vacancies that arose prior to coming into force the Assam Secondary Education (Provincialised) Service Rules, 2003 can be filled up by applying the provisions of the said Rules, or the said vacancies are required to be filled up as per the provisions of the earlier Rules viz. the Assam Secondary Education (Provincialisation) Service Rules, 1982?

(2) Whether, the basic qualification as laid down in Rule 14 of the Rules of 2003 can be relaxed in terms of Rule 30 of the said Rules?

(3) Whether, the selection process that was initiated in the year 1999/2002 but did not attain its finality can be said to be still pe









































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