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ACHINTYA MALLA BUJOR BARUA
Dalima Kalita – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. I. Chowdhury, learned senior counsel for the petitioners in WP (C) No. 3734/2020, WP (C) No. 3736/2020, WP (C) No. 3751/2020, WP (C) No. 3781/2020, WP (C) No. 3790/2020, WP (C) No. 4104/2020, WP (C) No. 4110/2020 and WP (C) No. 4113/2020, Mr. A. Deka, learned counsel for the petitioners in WP (C) No. 3862/2020 and WP (C) No. 3910/2020, Mr. U.K. Nair, learned senior counsel for the petitioners in WP (C) No. 3723/2020 and WP (C) No. 4042/2020, Mr. P.J. Saikia, learned counsel for the petitioners in WP (C) No. 4136/2020 and Mr. P.A. Ahmed, learned counsel for the petitioners in WP (C) No. 4140/2020, WP (C) No. 4177/2020 and WP (C) No. 4196/2020, Mr. R A Ahmed, learned counsel for the petitioners in WP (C) No. 4108/2020 and WP (C) No. 4112/2020, Mr. S. Hoque, learned counsel for the petitioners in WP (C) No. 3893/2020, WP (C) No. 3919/2020, WP (C) No. 4083/2020 and WP (C) No. 4138/2020, Mr. I.H. Laskar, learned counsel for the petitioners in WP (C) No. 3837/2020 and WP (C) No. 4018/2020, Mr. M Ahmed, learned counsel for the petitioners in WP (C) No. 4105/2020 and WP (C) No. 4107/2020, Mr. H. Das, learned counsel assisted by Mr. B C D
The main legal point established is that the court considered the petitioners' long contractual service and the public interest in condoning the upper age limit, emphasizing the need for fair dealing....
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 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 ....
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.
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....
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
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 ....
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....
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