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MICHAEL ZOTHANKHUMA
Jibon Kalita, Son of Shri Dhenuram Kalita – Appellant
Versus
State of Assam, represented by the Commissioner & Secretary to the Government of Assam – Respondent
JUDGMENT :
Heard Mr. M. Sarma, learned counsel for the petitioners. Also heard Mr. J. Handique, learned standing counsel, Revenue Department, appearing for the respondent Nos.1 & 2 and Mr. D. Nath, learned Government Advocate, appearing for the respondent Nos.3, 4, 5 & 6.
2. The petitioners’ case is that pursuant to an Employment Notice dated 18.07.2016 issued by the respondent No.5, for filling up the post of Gaonburah of Mahimabari (4 No. Lat), Kakotykuri Gaon (7 No. Lat), Patigaon (4 No. Lat), Bajalkota Missing Gaon (6 No. Lat) and Shaidal Kacharigaon (1 No. Lat), the petitioners applied for the same. The petitioners were successful in the recruitment process and thereafter police verification was conducted with regard to their character and antecedent.
The said verification was also completed and while the petitioners were awaiting for their appointment orders, the respondents issued the advertisement dated 28.05.2018 for filling up the vacant post of Gaonburahs of the villages that were already advertised by the Employment Notice dated 18.07.2016. The petitioners who belong to the Shaida Kacharigaon No.1 Lat of Borhola Mouza under Titabor Revenue Circle in the district of Jorhat,
Point of Law : Legislature may pass laws with retrospective effect subject to the recognized constitutional limitations, it is equally well settled that no retrospective effect should be given to any....
Point of Law : If a selection process is not initiated and kept in abeyance for reason that a conscious decision is in contemplation for changing eligibility conditions of rules, in such event, altho....
An unsuccessful candidate cannot challenge a recruitment process if they participated without objection, and preference applies only when marks are equal.
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
The main legal point established in the judgment is that cancellation of selection and issuance of fresh advertisement in public employment must be justified with valid reasons, and arbitrariness has....
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