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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Dilip Bahadur Dhamai S/o Lt. Bishnu Bahadur Dhamai – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. K. Mir, learned counsel appearing on behalf of the appellant. Also heard Mr. D. Upamanyu, learned standing counsel, Higher Education Department, appearing on behalf of all the respondents.
2. The appellant, herein, by way of instituting the intra-Court appeal, has presented a challenge to an order, dated 25.01.2023, passed by the learned Single Judge in WP(c)311/2023.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The appellant, herein, who was working a Laboratory Bearer in Srikishan Sarda College, Hailakandi, had initially approached the writ Court by way of instituting a writ petition being WP(c)2621/2017, praying for a direction upon the respondent authorities for consideration of his case for promotion to the cadre of Junior Assistant. The writ Court vide order, dated 24.01.2020, was pleased to dispose of the said writ petition, directing the authorities of Srikishan Sarda College, Hailakandi, to consider the case of the appellant, herein, along with other eligible candidates, for promotion against the vacant post
Promotion eligibility must adhere to prescribed qualifications as per established guidelines, including seniority considerations.
The court established that the right to promotion is determined by the rules in force at the time of consideration, and the Service Rules of 2020 do not permit promotion from Grade-IV to Junior Assis....
Promotion rules of a public service entity do not require graduation for advancement when the governing rules do not explicitly mandate such qualifications, emphasizing merit and seniority.
Promotion - whether or not the persons are in service for requisite length to acquire the graduation qualification is not a relevant consideration. What is relevant is that they must acquire the qual....
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.
Promotion eligibility based on examination qualifications under university statutes.
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