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SANJAY KUMAR MEDHI
Bhupen Kalita, S/o. Habiram Kalita – Appellant
Versus
State of Assam – Respondent
1.406 nos. of individuals and their Association have filed this petition under Article 226 of the Constitution of India with a claim for their appointment for the posts of Police Constable in the Assam Police pursuant to a recruitment process which was initiated vide an advertisement dated 17.01.2000.
2. There is a history of previous litigations and a brief narration is given hereunder for better appreciation.
3. The Association had approached this Court by filing various writ petitions claiming appointment of the petitioners as constables. The said writ petitions including WP(C)/8637/2004 were disposed of by this Court vide an order dated 15.12.2005 with an observation that if the petitioners were selected, their cases are required to be considered. Accordingly, a representation was filed by the petitioner Association to the Addl. DGP, Assam which was forwarded to the Home Department vide a forwarding letter dated 12.12.2012. Vide the said forwarding letter, it was observed that as per the Fact-Finding Committee, the petitioners were found to be selected and therefore, their claim could not be ruled out. However, the records were destroyed and therefore, the matter was left to the
It is a settled legal proposition that the court should not set aside the order which appears to be illegal, if its effect is to revive another illegal order
Point of Law : Appointment - Laches and delay - when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that bene....
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
Advertisement specifies securing of qualifying marks by the candidates, but it does not prescribe what would be the qualifying marks in each of the segments for selection of the candidate for the pos....
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.
Candidates participating in a selection process without protest cannot challenge the results afterward. Writ petitions may not be maintainable without impleading selected candidates.
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