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2024 Supreme(Gau) 904

SUMAN SHYAM
Basanta Kumar Pait, Son Of Sri Rajen Pait – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary To The Government Of Assam, Transport Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. H. K. Das, Adv.
For the Respondent: Ms. M. D. Borah, SC, Transport Deptt. Assam. Mr. P.P. Dutta, SC, APSC. Mr. D. Gogoi, SC, AICTE.

JUDGMENT :

THE HON’BLE MR. JUSTICE SUMAN SHYAM

1. The 6 (six) writ petitioners herein are holding Bachelors Degree in Mechanical Engineering (BE) under the Gauhati University. Being aggrieved by the refusal on the part of the authorities to allow them to participate in the recruitment process for filling up the 26 posts of Motor Vehicle Inspectors (MVIs) on the ground that they did not possess the requisite qualification as per the advertisement notice, the petitioners have approached this Court by filing the instant writ petition seeking a Writ of Mandamus.

2. The facts of the case, in a nutshell, are that on 13/10/2020, the Under Secretary to the Assam Public Service Commission (APSC) had issued an advertisement bearing no. 09/2020 inviting applications for filling up 26 posts of MVIs. As per the advertisement notice dated 13/10/2020, the minimum essential qualification to apply for the post was “H.S.S.L.C. with 3(three) years diploma in Automobile or Mechanical Engineering from a recognized Institute of Govt. of Assam/Govt. of India and also duly recognized by the All India Council of Technical Education (AICTE).

3. On 13/11/2020, the APSC had issued a corrigendum notice modifying t

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