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KARDAK ETE
Rupa Taksing, D/o. Tapak Taksing – Appellant
Versus
State Of A. P. , Represented by the Secretary (Non Renewable Energy), Govt. of Arunachal Pradesh – Respondent
JUDGMENT :
Heard Mr. R. Saikia, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate for the respondent Nos. 1, 2 & 3 and Mr. T. Tayeng, learned counsel for respondent No. 4.
2. By instituting this writ petition, the petitioner has challenged the DPC proceedings and its recommendation dated 25.02.2020 and the consequential impugned promotion order dated 26.08.2021 issued by the Director, APEDA, whereby, the respondent No. 4 has been recommended and promoted to the post of Assistant, on the ground of violation of Recruitment Rule, 2013 for Assistant of the Arunachal Pradesh Energy Development Agency (for short, ‘APEDA’). Petitioner has also assailed the office memo, dated 11.10.2021 passed by the Director, APEDA, by which the representation of the petitioner has been rejected.
3. The case of the petitioner, in brief, is that she was appointed as Junior Work Assistant (LDC) in APEDA on 08.06.2001 on ad-hoc basis and on the recommendation of the DPC, vide order dated 23.04.2005, the services of the petitioner as Junior Work Assistant (LDC) along with 4 (four) other persons were regularized w.e.f. the date of ad-hoc service i.e. 08.06.2001.
4.
The DPC's adoption of the office memorandum, dated 29.08.2019, without formal adoption by APEDA, and the recommendation of the respondent No. 4, who had not completed the requisite qualifying years, ....
Governmental executive instructions can supplement existing recruitment rules to prescribe educational qualifications where such rules are silent, provided these instructions are not inconsistent wit....
Fixing eligibility for a particular post or even for admission to a course falls within exclusive domain of legislature/executive and cannot be subject matter of judicial review.
There is no vested right to promotion to selection posts. Vacancies are not required to be filled under repealed rules; instead, candidates are entitled to consideration only under the rules in force....
Preamended Recruitment Rules there was no prescription as regards the educational qualification for promotion to the post of Deputy Director.
The absence of notification for 1993 recruitment rules renders them non-existent, requiring promotions in government aided schools to follow the amended 2009 rules.
merely because another reasonable view may be possible, is no ground for this Court sitting in judicial review and judicial superintendence to upturn the impugned verdict of the Tribunal which is a c....
The Court established that the Rules of 1967, as amended in 2010, governed the recruitment to the post of LDC in government aided schools, and the Rules of 2009 were applicable to the petitioner's ca....
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