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MICHAEL ZOTHANKHUMA
Bahar Uddin Barbhuiya S/o Late Mohibur Rahman – Appellant
Versus
State of Assam Through The Principal Secretary To The Govt. Of Assam, Home Department – Respondent
JUDGMENT :
Heard Mr. M.H. Ahmed, learned counsel for the petitioners as well as Mr. D. Nath, learned Additional Senior Government Advocate for the State respondents.
2. As the issue to be decided in both the writ petitions are the same, the two writ petitions are being disposed of by this common judgment and order.
3. The petitioners are aggrieved at not being able to take part in the selection process for recruitment to the post of Constables in the Assam Industrial Security Force (AISF) Battalion under the Director General of Civil Defence (DGCD) & Commandant General of Home Guards (CGHG), Assam in terms of the Advertisement dated 13.12.2017.
4. The petitioners’ case is that in terms of the Advertisement dated 13.12.2017, for recruitment to the post of Constables in the AISF Battalion under the DGCD & CGHG, only Special Police Officers (SPOs) were allowed to participate as candidates in the selection process. The petitioners who are working as Home Guards have made a prayer to allow them to participate in the selection process, on the ground that they could not have been discriminated from participating in the selection process.
5. The petitioners’ counsel submits that the SPOs who ar
Point of Law : Appointment - Laches and delay - when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that bene....
The court emphasized the importance of considering the petitioners for appointment in the vacancies available and prohibited the filling of any post without considering the petitioners.
The decision-making process in a speaking order must be legal and supported by cogent reasons, and a court's jurisdiction under Article 226 of the Constitution of India is to examine the legality of ....
Unsuccessful candidates cannot challenge the recruitment process after participating in it.
Candidates participating in a selection process without protest cannot challenge the results afterward. Writ petitions may not be maintainable without impleading selected candidates.
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