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ARUN DEV CHOUDHURY
Dhirendra Patwory, S/o Late Chandicharan Patwory – Appellant
Versus
State Of Assam Represented By The Chief Secretary – Respondent
JUDGMENT
1. Heard Mr. B Chetri, learned counsel for the petitioners. Also heard Mr. P Nayak, learned counsel for the respondents.
2. Though multiple prayers are made in this writ petition, however, Mr. Chetri, learned counsel for the petitioners has submitted that he will confine his arguments relating to the prayers A, C and D of the petition.
3. The basic challenge in this writ petition is an order dated 30.10.2021 passed by the Chief Secretary to the Govt. of Assam pursuant to the order(s) of this court dated 22.09.2021, 06.10.2021 and 07.10.2021 passed in WP(C) No.5136/2021, WP(C) No.5376/2021 and WP(C) No.5501/2021 respectively. The aforesaid writ petitions were preferred by the present petitioners and their cases for consideration for promotion to the next higher grade was directed in terms of power of relaxation of Rule 16 of the Assam Secretariat Service Rules, 2019, (hereinafter referred to as Rules 19).
4. The Chief Secretary by the impugned order dated 30.10.2021 rejected the prayer of the petitioners that relaxation of educational qualification cannot be granted in each and every case inasmuch as such action will defeat the very purpose of enacting the new Rules 2019, which
Discrimination in promotion based on arbitrary denial of relaxation in educational qualifications violates Articles 14 and 16 of the Constitution, mandating equal treatment for all employees in publi....
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
Promotions within public service must adhere to established criteria to uphold equality under Articles 14 and 16 of the Constitution, prohibiting arbitrary decisions that favor select individuals.
Selection process was not culminated with the appointment of candidates and at the time challenge was made, only the select list of candidates recommended by Commission was prepared and no appointmen....
(1) Appointment – Eligibility criteria/conditions, unless provided otherwise in extant rules or advertisement, must be fulfilled by candidate by last date for receipt of applications specified in adv....
The main legal point established in the judgment is that any direction for consideration of promotion must be in line with the present Rules, and the court cannot grant relief based on earlier qualif....
Point of Law : The word used in the relaxation rules is "may" and therefore, the same would mean that relaxation may be given at the discretion of the competent authority.
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....
The power of relaxation of recruitment rules can be invoked to meet a particular hardship even in an individual case, provided it is exercised for justifiable reasons and not arbitrarily, and the cou....
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