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VIJAY BISHNOI, SUMAN SHYAM
Krishna Handique S/O Biren Handique – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Government Of Assam, Department Of Home, Dispur – Respondent
JUDGMENT :
Suman Shyam, J
By this common judgment and order, we propose to dispose of two writ appeals, i.e. W.A. No. 323/2021 and W.A. No. 50/2022, since common questions of law and facts are involved in both these appeals. The facts and circumstances, giving rise to filing of the two writ appeals, as appearing from the materials available on record, shorn of unnecessary details, are narrated here-in-below.
2. The Inspector General of Police (Admn.) of Assam Police had published advertisement notice dated 20-02-2009 inviting applications for recruitment in the posts of Armed Branch Constable in the Assam Police (for ONGC security) Battalion/ 24th Assam Police (IR) Battalion and 1002 vacant posts of Armed Branch Constable. According to the advertisement notice, the recruitment rally was to be conducted in different Police districts/ Battalions in the month of June, 2009. The advertisement notice, inter alia, provided that 10% of the vacancies would be reserved for women candidates. In response to the advertisement notice dated 20-02-2009, a large number of candidates including the writ appellants had submitted their applications. It appears that the appellants are candidates from t
The court emphasized the importance of considering the petitioners for appointment in the vacancies available and prohibited the filling of any post without considering the petitioners.
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
The main legal point established is that the plea for parity with appointed candidates is not applicable if the petitioner had not been appointed, and the court has the authority to quash an order if....
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
The court emphasized that appointments made in violation of interim directions are unsustainable, reinforcing the necessity of adhering to such orders in recruitment processes.
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
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