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NANI TAGIA
Banboh Nyitan S/o Shri Tarung Nyitan – Appellant
Versus
State Of AP – Respondent
Headnote: Read headnote
JUDGMENT :
Heard Mr. Abhai Kumar Singh, learned counsel for the petitioners.
Also heard Mr. Subu Tapin, learned Senior Government Advocate, appearing on behalf of the State Respondents No. 1 to 3; and Mr. U. K. Nair, learned senior counsel, appearing on behalf of the private Respondents No. 4 to 15.
2. By filing this writ petition, the petitioners have put to challenge the appointment of respondents No. 4 to 15 as Lower Division Clerk, Upper Division Clerk, and Upper Division Clerk-cum-Accountant, by issuing an order of appointment on various dates, such as, 28.04.2017, 26.05.2017 and 20.06.2017, by the Director of Accounts & Treasuries, Government of Arunachal Pradesh, Itanagar, with a further direction to the respondent authorities to advertise the aforesaid post of Lower Division Clerk, Upper Division Clerk, and Upper Division Clerk-cum-Accountant, and fill up the same through the competitive examinations as per the relevant Recruitment Rule.
3. The facts leading to filing of the present wri
The central legal point established in the judgment is that appointments to public offices must adhere to the principles of equality of opportunity and fair selection processes as prescribed by law.
Appointments to public posts must follow a transparent recruitment process, including advertisement, to uphold constitutional rights to equality and fair opportunity.
Appointments in public service must adhere to constitutional mandates and established procedures; failure to do so renders such appointments void.
Merely being included in a select list does not provide an indefeasible right to appointment; the State can regulate vacancies as per policy needs, provided there is no arbitrariness.
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