Back
DEVASHIS BARUAH
Lohori Das – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
(Devashis Baruah, J.) –
1. Heard Mr. N. Haque, the learned counsel for the petitioner and Mr. R. Mazumdar, the learned Standing Counsel, Secondary Education Department appearing on behalf of the respondent Nos. 1, 3, 4 & 5. Also heard Ms. D.D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent No. 2.
2. The petitioner herein has filed the instant writ petition for setting aside and quashing the final select list, Secondary Education, pursuant to the advertisement No. GD-EST/Advertisement/1/2020/11 for Graduate Teacher (Arts) of Cachar District so far as it relates to Schedule Caste category which has already been published by the respondent authorities as well as for a direction that the respondents, particularly the respondent No. 5 to publish a fresh correct final select list of Graduate Teachers (Arts) in Cachar District under Schedule Caste category and appoint the petitioner by including her name on the basis of her securing higher marks than the selected one.
3. The case of the petitioner is that the petitioner had completed her B.A. degree in Arts in the year 1999, M.A. (Bengali) in the year 2001 and also obtained B.Ed. degree in the
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
The expression used is “it is clarified”, meaning thereby that the same is clarificatory in nature and therefore, by the Rules of interpretation, the same would relate back to the notification which ....
The central legal point established in the judgment is the importance of adherence to rules and regulations, the need for widespread publication of government decisions affecting government-aided sch....
The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement th....
Where applications are called for prescribing a particular date as last date for filing applications, eligibility of candidates shall have to be judged with reference to that date and that date alone....
The main legal point established in the judgment is that age relaxation for candidates and the calculation of weightage for employment exchange seniority should be in accordance with the Recruitment ....
Point of Law : Respondent authority has failed to exercise its power while dealing with the application for relaxation of the age, preferred by the petitioners.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
