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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
KARDAK ETE
Rahul Deb S/o- Radhika Ranjan Deb – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner sought service based on recognized qualifications. (Para 2 , 3 , 4 , 5) |
| 2. eligibility arguments regarding qualifications for appointment. (Para 6 , 7 , 8) |
| 3. court's analysis on qualification requirements and appointment. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. direction to consider representation within 30 days. (Para 21 , 22) |
| 5. writ petition disposed. (Para 23) |
JUDGMENT AND ORDER :
KARDAK ETE, J.
Heard Mr N K Kalita, learned counsel for the petitioner and also heard Mr D P Borah, learned Standing Counsel, Health Department, for the respondents.
2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to allow him to join in service as Photographer in the Tezpur Medical College and Hospital, Tezpur, in terms of the appointment order dated 25.05.2023, pursuant to the advertisement No. DME/119/2021/Pt-I/22657, dated 01.02.2023, issued by the Director of Medical Education, Government of Assam.
3. The petitioner claims to have passed the HSLC Examination from Kendriya Vidyalaya No. 1, Itanagar, Arunachal Pradesh in the year 1998, and had completed three years diploma course of Photography
The petitioner, lacking the specified HSSLC qualification, was ineligible for the Photographer post, but the authority must consider his representation regarding diploma equivalency.
Eligibility criteria for public posts must have rational nexus with duties; arbitrary prescription without justification liable to challenge, relief moulded for fairness.
Strict adherence to essential qualifications is necessary for recruitment; prior participation in tests does not confer rights without meeting qualification criteria.
The main legal point established in the judgment is the importance of eligibility on the cut-off date and the principle of estoppel in relation to the eligibility criteria for government appointments....
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