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SANJAY KUMAR MEDHI
Md. Raja Ali, S/o. Late Nurul Amin – Appellant
Versus
State of Assam, Represented by the Chief Secretary to the Govt. of Assam, Dispur – Respondent
JUDGMENT :
Sanjay Kumar Medhi, J.
The controversy connected with this case is with regard to a recruitment process for the post of Gaonburah in the Tamulitup Batamari village in the district of Nagaon. The tussle is between the petitioner and the respondent no. 8 who are both aspirants for the said post.
2. There is a chequered history including history of litigations in this case. An advertisement was published on 23.10.2018 for filling up of the aforesaid post and both the petitioner and the respondent no. 8 had participated in the said recruitment. Since the appointments were not made, the petitioner had earlier filed WP(C)/3867/2019 in which there was an order dated 14.06.2019 to complete the recruitment process.
3. Pursuant to the said order, the respondent no. 8 was appointed to the aforesaid post vide an order dated 18.02.2021. The writ petitioner had preferred an appeal in the Department in which the Appellate Authority had passed an order dated 24.08.2021 whereby the matter was remanded back for a fresh consideration. In the meantime, certain villagers had filed WP(C)/4885/2021 which however was dismissed by this Court on 22.09.2021. The respondent no. 8 had however preferred
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
Point of Law : Legislature may pass laws with retrospective effect subject to the recognized constitutional limitations, it is equally well settled that no retrospective effect should be given to any....
Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.
The court ruled that a writ of quo warranto is not maintainable if the respondent is not holding a public office at the time of filing the petition.
The main legal point established in the judgment is the importance of adhering to the rules existing at the commencement of the selection process and the limitations of judicial review in interfering....
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