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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Mitra Chakraborty (Kanu) W/o- Dulan Chakraborty – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petition details and background. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding category selection. (Para 16 , 17 , 18) |
| 3. court's interpretation of reservation laws. (Para 20 , 21 , 34 , 36 , 37) |
| 4. dismissal of the writ petition. (Para 40) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. R. J. Das, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Mr. T. J. Mahanta, the learned Senior counsel assisted by Ms. P. Sarma, the learned counsel along with Mr. H. K. Das, the learned Standing counsel of the Gauhati High Court appearing on behalf of the Respondent Nos. 3, 4 & 5 and Mr. S. Das, the learned counsel appearing on behalf of the Respondent Nos. 6 to 16.
2. The present petition has been filed challenging the select list dated 18.02.2024 and seeking directions that the highest ranked woman candidate in the Unreserved category covering four vacancies after making necessary corrections and/or deletions in the list of successful candidates be incorporated in the fresh select list. The Petitioner has also assailed the advertise
Reservation for women in job postings requires adherence to merit, enabling candidates from reserved categories to compete for unreserved positions, based on legal provisions stipulated in the Assam ....
The court held that mandatory reservations for women under the Assam Act must be strictly adhered to, despite procedural irregularities, emphasizing legislative intent for wider women's participation....
The court established that horizontal reservations must ensure that women candidates fulfilling merit criteria cannot be displaced by category claims if they satisfy reservation requirements.
Candidates from reserved categories can claim horizontal reservations in open categories based on merit unless explicitly prohibited by law or policy.
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