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2025 Supreme(Gau) 1725

IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY
Albeen Josebh Ahmed, Son of Jahur Uddin Ahmed – Appellant
Versus
Badal Khan, Son of Samad Khan – Respondent


Advocates Appeared:
For the Appellant :Mr. K.N. Choudhury, Sr. Advocate, assisted by Mr. R. Ali, Advocate.
For the Respondents:Mr. H.R.A. Choudhury, Sr. Advocate, assisted by Mr. M. Alam Geer, Advocate, Mr. K. Gogoi, Standing Counsel, Education (Higher) Department.

Table of Content
1. selection process governed by prior office memorandum (Para 2 , 3 , 4 , 5 , 6 , 7)
2. changes in selection criteria must not alter rules post-advertisement (Para 8 , 10 , 12 , 13)
3. precedent establishes criteria alteration prohibited post-recruitment commencement (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. eligibility criteria should remain unchanged during recruitment (Para 26)
5. defense of modifying marking pattern analyzed (Para 27 , 28 , 29)
6. final ruling affirms prior decision, directing adherence to original terms (Para 30 , 31 , 32)

JUDGMENT :

Ashutosh Kumar, CJ.

We have heard Mr. K.N. Choudhury, learned Senior Advocate, assisted by Mr. R. Ali, learned Advocate for the appellant; Mr. H.R.A. Choudhury, learned Senior Advocate, assisted by Mr. M. Alam Geer, learned Advocate for the respondent No.1 and Mr. K. Gogoi, learned Standing Counsel, Education (Higher) Department for the respondent Nos.2 & 4.

2. The present appeal is directed against the judgment dated 05.05.2025 passed by a learned Single Judge of this Court in WP(C) No.5757/2024, whereby the respondents therein have been directed to proceed with the selection process for the post of Assist

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