DEVASHIS BARUAH
Shikha Nath, D/o- Dipak Kumar Nath – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard the learned counsels appearing on behalf of the petitioners in the batch of the writ petitions. I have also heard Mr. B. Gogoi and Mr. D. Upamanyu, the learned Standing counsels appearing on behalf of the Health Department as well as Mr. S. P. Das, the learned counsel appearing on behalf of the respondent No.5 in WP(C) No.7724/2015 and WP(C) No.7771/2015.
2. In the present batch of writ petitions before this Court, the petitioners herein have challenged the select list dated 14.10.2015 published in the Assam Tribune Newspaper, pursuant to the advertisement dated 14.11.2013, including the selection so made in favour of the private respondents. The petitioners have also sought for a Mandamus directing the respondent authorities to select the petitioners herein as staff nurse under the establishment of the respondent No.2, by virtue of their seniority and experience and on the basis of Minutes of the meeting adopted on 13.02.2015 with the representatives of All Assam NRHM Medical and Paramedical Employees Association along with the Minister of Health and Family Welf
Comptroller and Auditor General of India Vs. K. S. Jagannathan reported in (1986) 2 SCC 679
Dr. G. Sarana Vs. University of Lucknow and Others reported in (1976) 3 SCC 585
D. Sarojakumari Vs. R. Helen Thilakom and Others reported in (2017) 9 SCC 478
Madan Lal and Others Vs. State of J&K and Others reported in (1995) 3 SCC 486
Manish Kumar Shahi Vs. State of Bihar and Others reported in (2010) 12 SCC 576
Ramesh Chandra Shah and Others Vs. Anil Joshi and Others reported in (2013) 11 SCC 309
Mohd. Mustafa Vs. Union of India and Others reported in (2022) 1 SCC 294
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 judgment establishes that long-term contractual employees may be entitled to regularization if their appointments were made through a proper selection process, ensuring compliance with constituti....
The central legal point established in the judgment is the obligation of the government to provide the mandatory three per cent quota for PWD category in recruitment processes, as required by the Per....
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Rule 4A of Procedure of 2019 makes it clear that in case of direct recruitment select list can be prepared only on basis of interview.
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