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2009 Supreme(Gau) 8

AFTAB H.SAIKIA, A.C.UPADHYAY
Tage Habung – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: N. Choudhury, S.C. Koyal, S.K. Ghosh and S.P. Choudhury, Advs.
For Respondents/Defendant: K.N. Choudhury, Sr. Adv., R. Dubey, Adv. N. Tagia, S.C. APPSC, N. Borah, Govt. Adv. Arunachal Pradesh

JUDGMENT

Aftab H. Saikia, J.

1. Heard Mr. N. Choudhury, learned Counsel for the Petitioners as well as Mr. K.N. Choudhury, learned Sr. Counsel assisted by Mr. N. Tagia and Mr. R. Dubey, learned, counsel for the Arunachal Pradesh Public Service Commission (for short, 'the APPSC) as well, as Ms. N. Bora, learned State Council Arunachal Pradesh.

2. In view of the conflicting opinions expressed in two separate judgments and orders dated 24.6.2008 and 30.9.2008 passed in W.P. (C) No. 101 (A.P.) of 2008 and W.P. (C) No. 271 (A.P.) of 2008 respectively, as has been found by the learned Single Judge while entertaining the instant Writ Petition being W.P. (C) No. 417 (A.P.) of 2008, renumbered at Principal Seat as W.P. (C) 4902/2008, the present Writ Petition has been referred to this Division Bench by the Hon'ble the Chief Justice on 20.11.2008 pursuant to the order dated 19.11.2008 of the learned Single Judge to answer the question as to whether the Office Memorandum (for short, 'the O.M.') dated 7.1.2008 issued by the Government of Arunachal Pradesh which was later on adopted by the Arunachal Pradesh Public Service Commission (for short, "the APPSC") on 16.4.2008 prescribing cut-off mark of

















































































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