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2023 Supreme(Gau) 6

SANJAY KUMAR MEDHI
Cham Chun Nahar Ahmed, W/o. Dr. Abdus Salam – Appellant
Versus
Gauhati High Court, Rep. by the Registrar General, Guwahati – Respondent


Advocates Appeared:
For the Petitioners: Shri K.N. Choudhury, Sr. Adv., Shri J. Patowary.
For the Respondents: Shri U.K. Nair, Sr. Adv., Shri M.P. Sarma, Shri K.K. Mahanta, Sr. Adv., Shri A. Chamuah.

JUDGMENT :

The writ jurisdiction of this Court has been sought to be invoked by the petitioners by questioning the legality and validity of initially the officiating arrangement of the private respondent no. 5 as the Secretary to the Hon’ble the Chief Justice of this Court (hereinafter HCJ) and the subsequent order of regularization of the services of the respondent no. 5 in the said capacity. The challenge is mainly based upon the lack of eligibility and qualification of the said respondent no. 5 in both the aforesaid processes.

2. Before going to the issue which has arisen for determination in these cases, it would be convenient to state the facts in brief.

3. In the first writ petition, registered as WP(C)/1376/2019, there are 9 numbers of petitioners, who at the time of filing of the writ petition were serving as Administrative Officers (Judicial) in the Principal Seat of this Court. Such service was in substantive capacity which they have reached from the post of LDA which they were earlier holding on the strength of their selection in the period 1988 to 1997. It is the case of the petitioners that the post of Administrative Officer (Judicial) is one of the feeder post for Secret

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