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SANDEEP MEHTA, ARUN DEV CHOUDHURY
Jadu Ram Sharkar, S/o. Lt. Lakhi Kanta Sarkar – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary to the Government of Assam, Revenue Department – Respondent
JUDGMENT :
Arun Dev Choudhury, J.
1. Heard Mr. M.U. Mahmud, learned counsel appearing for the appellant. Also heard Mr. J. Handique, learned counsel for the respondent.
2. The present intra court appeal is directed against the order dated 01.06.2023 passed in WP(C) 5495/2021 by the learned Single Judge dismissing the writ petition.
3. The writ petition structured as a representative Writ petition filed by the two writ appellants on behalf of 92 other similarly situated persons.
4. It is the pleaded case of the writ petitioners that by a communication dated 10.01.2000, the respondent No.1 instructed all the Deputy Commissioners of Assam, excluding Hill districts and sixth schedule areas, to appoint one Honorary Gaonburah in each revenue villages. The petitioners’ further case is that, they along with other 92 persons were selected as Gaonburahs of their respective villages by the villagers in General Meetings during the year 2009 to 2012.
5. According to the petitioners, they are still continuing and performing as Honorary Gaonburahs. The grievance of the appellants are that though they are continuing as Gaonburahs, however they have not been appointed by the government in terms of the co
The main legal point established in the judgment is that the appointment of public officials must adhere to the relevant Executive Instructions and regulations, and legitimate expectations cannot be ....
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.
The Court established that the selection process for public appointments must strictly follow the prescribed legal framework to ensure fairness and transparency.
The law is well settled that the legislature or the executive are competent to make rule or to issue executive instruction following the due procedure laid down under the Constitution of India as pro....
An unsuccessful candidate cannot challenge a recruitment process if they participated without objection, and preference applies only when marks are equal.
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