Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Vijay Bishnoi
State of Assam Through The Secretary To The Govt Of Assam Department Of School Education – Appellant
Versus
Lohori Das W/O Santosh Bhowmik – Respondent
JUDGMENT :
N. Unni Krishnan Nair. J
Heard Mr. R. Majumdar, learned Standing Counsel, Education Department appearing for the appellants. Also heard Mr. P. K. Roy Choudhury, learned counsel along with Mr. A. K. Azad, learned Counsel appearing for the respondent no. 1.
2. The present intra-court appeal has been instituted by the appellants, assailing the Judgment & Order dated 29.04.2022, passed by the learned Single Judge in WP(C) No. 6284/2021, thereby allowing the writ petition and directing for consideration of the case of the respondent no. 1 for appointment as Graduate Teacher in pursuance to the advertisement dated 11.09.2020, basing on her merit so obtained in the selection process so held.
3. The facts in brief requisite for the purpose of adjudication of the issue arising in the present proceeding is noticed as under: -
The Director of Secondary Education, Assam, vide an advertisement dated11.09.2020 had invited applications from intending and eligible candidates for filling up of vacant posts of Graduate Teachers (Science & Arts) in provincialised High/Higher Secondary Schools in the State.
In terms of the said advertisement, an intending candidate for the post of Graduate Teache
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
Though the rejection of the candidatures of the petitioners appear to be on the ground of not acquiring the TET qualification within a particular age, it is an admitted fact that all the petitioners ....
The expression used is “it is clarified”, meaning thereby that the same is clarificatory in nature and therefore, by the Rules of interpretation, the same would relate back to the notification which ....
Irregular appointments without fraud may be permitted to continue under sympathetic circumstances, despite age limit breaches in eligibility. Appointments declared void-ab-initio in accord with U.P. ....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
Identical candidates holding Dip Ed qualifications from 2008 are entitled to age relaxation in recruitment processes, as consistent with judicial precedents supporting equal treatment under the law.
The court ruled that appointments exceeding statutory age limits are void, yet if no fraud occurs, longstanding service may warrant equitable relief despite technical violations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
