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2023 Supreme(Gau) 265

KALYAN RAI SURANA
Simanta Pradip Choudhury S/o Late Amulya Choudhury – Appellant
Versus
State of Assam` – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: K.N. Choudhury.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. R.M. Deka, learned counsel for the petitioner. Also heard Mr. A. Talukdar, learned Government Advocate appearing for the respondent nos. 1 to 6, Ms. P. Sarma, learned counsel for respondent no. 7 and Mr. U.K. Nair, learned senior counsel, assisted by Mr. S.P. Sharma, learned counsel for the respondent nos. 8, 11, 13, 15 to 19, 21 and 22. The respondent nos. 9, 10, 12, 14, 20, 23 and 24 have not appeared despite deemed service of notice through newspaper publication.

2. By filing this writ petition under Article 226 of the Constitution of India, the petitioners have prayed for setting aside and quashing of the provisional gradation list published on 29.12.2017 and final gradation list published on 01.10.2019 so far as the seniority of the petitioners and the respondent nos. 8 to 24 are concerned, and for a direction to the respondent authorities to publish a fresh gradation list by placing the petitioners above the respondent nos. 8 to 24.

3. The case of the petitioners is that pursuant to a selection process initiated by the APSC vide advertisement dated 19.08.1997 to fill up 27 vacant

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