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2002 Supreme(Gau) 93

R.S.MONGIA, A.M.SAIKIA
Khagendra Narayan Baruah – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
T.C.Chutia, S.S.Dey, S.C.Kayal, N.M.Lahiri, N.Choudhary, M.Nath, C.Bhattacharjee, J.P.Sharma, A.K.Phukan, A.Hazarika, G.Uzir

A.H. SAIKIA, J. —

Both these appeals having raised a common question of law on largely identical facts are being taken up for consideration together and are being disposed of by this common judgment.

2. This matter relates to the selection and appointment to the post of Principals in the three Medical Colleges in Assam by the Assam Public Service Commission (for short the 'Commission'). The select list prepared by the commission is under challenge in the related writ petitions. The learned Single Judge upon careful consideration of the same set aside the entire select list holding that some of the candidates selected and recommended by the Commission were found to be ineligible. -

3. The moot question requires to be answered in these writ appeals is:-

"Whether the entire select list prepared by the Commission needs be quashed and set aside when some of the recommended candidates in the said select list were found by the learned Single Judge to be ineligible owing to over-age?

4. Before adjudicating upon the issue involved, the material facts relevant for the purpose of determination of issue are briefly outlined here-in-below:-

5. An advertisement being No. 7/97 was issued by the Commiss

























































































































































































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