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MANISH CHOUDHURY
Manashi Hazarika D/o Sri Bipul Hazarika – Appellant
Versus
State of Assam, Represented by The Chief Secretary, To The Government of Assam, Dispur, Guwahati – Respondent
JUDGMENT & ORDER :
In the two writ petitions, an order dated 18.08.2016 passed by the Commissioner & Secretary to the Government of Assam [GoA], General Administration Department [GAD] has been put to challenge, from two separate fronts. The challenges are made to the impugned order dated 18.08.2016 by – [i] the petitioner in the writ petition, W.P.[C] no. 5430/2016 on one hand; and [ii] the two petitioners in the writ petition, W.P.[C] no. 6730/2016, who are also arraigned as the respondent no. 6 and the respondent no. 7 respectively in the writ petition, W.P.[C] no. 5430/2016, on the other hand. For the sake of easy reference, the petitioner in the writ petition, W.P.[C] no. 5430/2016 is being referred to hereinafter as ‘the petitioner’ and the two petitioners in the writ petition, W.P.[C] no. 6730/2016 are being referred to hereinafter as ‘the private respondents’.
2. The facts which are found necessary and relevant for determination of the issues raised in the two writ petitions can be narrated, in short, as follows :
2.1. The Deputy Commissioner, Dhemaji published an advertisement on 04.04.2007 inviting applications from eligible candidates for filling up a number of posts includ
Selection process was not culminated with the appointment of candidates and at the time challenge was made, only the select list of candidates recommended by Commission was prepared and no appointmen....
The court ruled that only eligible Stenographer Grade-II candidates, not Grade-III, can be considered for promotions to Stenographer Grade-I, enforcing adherence to the Shetty Commission's recommenda....
Promotional selections for Stenographer Grade-I must strictly adhere to the Shetty Commission recommendations, prioritizing Stenographer Grade-II candidates based on binding Supreme Court mandates.
It clearly emerges that in the event the performance of ineligible candidates in the written examination, held on are taken into consideration in shortlisting the candidates for personality test/inte....
The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.
The court upheld the state's relaxation of recruitment rules for employees lacking qualifications, asserting that such measures can mitigate undue hardship while respecting public service needs.
The retrospective application of administrative guidelines to recruitment processes initiated prior to those guidelines' issuance is unlawful and violates principles of natural justice.
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