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2021 Supreme(Gau) 611

SANJAY KUMAR MEDHI
Amar Sheel – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant :Shri KM Mahanta; Shri MU Mahmud; Shri PK Sharma; Shri PD Nair; Shri H Das; Shri SS Goswami; Shri I Choudhury; Shri C Boruah; Shri M Dutta; Shri S Borthakur; Shri MA Sheikh; Shri PA Ahmed; Shri RA Ahmed; Shri UJ Saikia; Shri A Deka; Shri R Ali; PJ Saikia; Shri M Ahmed; Shri PU Ahmed; Shri B Buragohain; Shri K Bhuyan; Shri SB Prasad; Shri N Borah; Shri T Deuri; Mrs. R Devi; Shri LR Mazumdar; Shri SM Sarma; Shri DP Borah; Shri NN Jha; and Shri J Laskar, Advocates.
For the Respondents: Shri R Mazumdar, SC, Edu. (Ele.) Department.

JUDGMENT :

1. Identical issue being raised in these writ petitions, the same are taken up together for analogous hearing and are being disposed of by this common judgment and order.

2. The extra-ordinary jurisdiction of this Court has been sought to be invoked by challenging the exclusion of the petitioners from the select list of candidates for the post of Assistant Teacher in Lower Primary and Upper Primary Schools pursuant to two advertisements dated 11.03.2018. It the case of the petitioners that they had secured higher marks than the last selected candidate and yet, they have been left out in the select list. The only discernible reason appears to be non-possessing of the TET/Dl. Ed. qualification before the petitioners had attained an upper age limit. It is the case of the petitioners that in any event, all of them had the qualification of TET/Dl. Ed. prior to the selection process. The petitioners have placed reliance upon a development during the pendency of the writ petitions which, as per the petitioners, would bring the entire controversy to rest and there would not be any hurdle/hindrance in considering the appointment of the petitioners as Assistant Teachers.

3. At the ou

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