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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ASHUTOSH KUMAR, CJ., ARUN DEV CHOUDHURY
Sajal Kamal Das Son Of Late Bhubaneswar Das – Appellant
Versus
State Of Assam Represented By The Commissioner And Secretary – Respondent
| Table of Content |
|---|
| 1. litigation history and procedural background of the school principal dispute. (Para 1 , 2 , 3) |
| 2. application of approbate and reprobate doctrine and constructive res judicata regarding marking challenges. (Para 4 , 5 , 6) |
| 3. scope of previous judicial remands and procedural fairness in administrative appointments. (Para 7 , 8 , 9) |
| 4. analysis of constructive res judicata as a mechanism to prevent harassment through multiple proceedings. (Para 10 , 11 , 12) |
| 5. binding instruction for final administrative resolution of disputes within a strict time limit. (Para 13 , 14 , 15 , 16) |
JUDGMENT :
Ashutosh Kumar, C.J.
The appellant has questioned the judgment dated 31.10.2025, passed by a learned Single Judge in WP(C) Nos. 5584 and 4843 of 2023, preferred by the respondent No. 6 herein, whereby the writ petitions referred to above were disposed off by remanding the matter to the Secretary to the Government of Assam, Department of School Education, to re-examine the marks allotted to the appellant and the respondent No. 6 and to take a decision in that regard within a period of two months from the date of receipt of the certified copy of the afore-noted judgment, with a specific
The doctrine of constructive res judicata bars parties from raising issues in subsequent litigation that could have been raised in earlier proceedings. While courts must uphold this principle to ensu....
An educational marksheet cannot be deemed forged without proper inquiry and substantial evidence, while public appointment must adhere to merit-based selection principles under natural justice standa....
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
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