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2023 Supreme(Gau) 569

SUMAN SHYAM
Biswajit Suraj Malakar, S/o Sri Prabhat Malakar – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR.U K NAIR Advocate
For the Respondent: MR.S K TALUKDAR

JUDGMENT :

Heard Mr. U.K. Nair, learned senior counsel assisted by Ms. L. Das, learned counsel appearing for the writ petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department, Assam appearing for the respondent Nos.1 and 4. Ms. P. Sharma, learned Standing Counsel, APSC has appeared for the respondent Nos.2 and 3 and Mr. S. K. Talukdar, learned counsel has appeared for the respondent No.5.

2. This writ petition has a chequered history and therefore, the facts leading to the filing of this writ petition is briefly stated hereunder. The writ petitioner and the respondent No.5 are both dentists by profession. On 14.10.2005, the Assam Public Service Commission (APSC) i.e. the respondent No.2 herein had published an advertisement notice inviting applications inter-alia for filling up one post of Demonstrator of Oral and Dental Pathology in the Regional Dental College (RDC), Guwahati. The said post was reserved for SC category candidates. As per the advertisement notice, those candidates who were in Government service or in Government owned undertakings or other similar organizations/Corporations/ Boards/Bodies or in private employments were required

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