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ARUN DEV CHOUDHURY
Kunjalata Gogoi W/o Dr. Pranjal Saikia – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S Borthakur, learned counsel for the petitioners. Also heard Mr. D Nath, learned Senior Government Advocate, Mr. DP Borah, learned standing counsel for the Health and Family Welfare Department, Mr. BD Konwar, learned Senior counsel assisted by Ms. H Baishya, learned counsel for the respondent Nos. 8,9,12 to 20 and Mr. N Kalita, learned counsel representing respondent Nos. 10 and 11. Both these two writ petitions are taken together for final disposal as the both are interlinked.
1. Pursuant to an advertisement dated 09.10.2013, the petitioner Nos. 1, 2 and 3 were selected and appointed as Lecturers of different Nursing Colleges of the State under Regulation 3(f) of Assam Public Service Commission (Limitation of Function) Regulation 1951. The petitioner No.1 was appointed as Lecturer of Psychiatric Nursing at B.Sc. Nursing College Dibrugarh, the petitioner No. 2 was appointed as Lecturer of Medical Surgical Nursing at Regional College of Nursing, Guwahati, petitioner No. 3 was appointed as Lecturer of Community Health Nursing at B.Sc. Nursing college Dibrugarh and the petitioner No. 4 was appointed as Lecturer of Community Health Nursing at B.Sc. Nursing College, D
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
The court established that age relaxation provisions must be interpreted to include current examinations to ensure justice and avoid unnecessary hardship.
The court upheld the age limit for Assistant Professor positions, emphasizing adherence to established recruitment guidelines and the prohibition against arbitrary changes mid-process.
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