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SANJAY KUMAR MEDHI
Ramani Malakar, S/o Late Bipin Malakar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
The issue which has arisen for determination before this Court in this petition filed under Article 226 of the Constitution of India pertains to a recruitment process for the post of Administrative Officer which was initiated vide an advertisement dated 17.12.2020 issued by the Deputy Commissioner, Baksa.
2. The case, as projected by the petitioner, is that he is presently working in the cadre of Supervisory Assistant and was initially inducted in the service as an LDA-cum-Typist in the year 1991. The petitioner claims that he has about 30 years of service experience without any adverse remarks. The aforesaid recruitment process for the post of Administrative Officer had invited applications from candidates having 15 years of service in any establishment of the Deputy Commissioner in Assam and the last date for submission of the application was fixed on 18.01.2021.
3. It is the case of the petitioner that though four candidates had initially applied for the said post, after scrutiny, only two candidates had remained which included the petitioner and the respondent no. 5. The categorical case of the petitioner is that the respondent no. 5 was not eligible for consideration a
Point of Law : If such eligibility criteria are to be determined on the date of actual consideration, it would be an unending process as in the meantime, many more candidates would acquire the eligib....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Eligibility for limited direct recruitment under promotion rules strictly per cut-off date in advertisement/rules; part-time/contingent services not countable unless specified; mere test qualificatio....
Point of Law : Principle of estoppel or waiver will also not be attracted in the instant case as the challenge is on a ground which came to light after the recruitment process was over. In any case, ....
The eligibility for selection in recruitment processes must be determined as of the last date for application, and extensions cannot be granted based on sympathy.
The eligibility of candidates for selection must be assessed as of the specified cut-off date, and compliance with notification requirements is mandatory.
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