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IN THE HIGH COURT OF MANIPUR AT IMPHAL
A.GUNESHWAR SHARMA
Khangjrakpam Netrajit Singh, S/o Khangjrakpam Ibomcha Singh – Appellant
Versus
Union of India represented by the Secretary – Respondent
JUDGMENT :
A. GUNESHWAR SHARMA, J.
[1] Heard Mr. A. Romenkumar, learned senior counsel assisted by Mr. Ng. Jotindra, learned counsel for the petitioners, and Mr. Kh. Samarjit, learned DSGI for the Union of India along with Ms. Captain Shireen Shukla, OIC, Legal Cell, Manipur High Court.
[2] The brief facts of the case is that the Director Recruitment, Army Recruiting Officer, Rangapahar, Dimapur issued a notification dated 04.07.2022 for conducting a Army Recruitment Rally (For Men) under Agnipath Scheme from 23.11.2022 to 05.12.2022 for all District of Manipur at Leimakhong, Manipur for the post of Agniveer (General Duty), Angiveer (Technical), Agniveer (Clerk/Store Keeper Technical), Agniveer (Tradesmen) in Army as per the rules and regulation of Indian Army/Government of India. The online registration for the said recruitment started from 05.07.2022 and closed on 03.08.2022.
[3] The petitioners passed the certificate “C” Examination held under the authority of the Ministry of Defence, Govt. of India. The NCC “C” certificates were issued by the Addl. Director General, NCC, Shillong in favour of the petitioners and as such, they fulfilled all the essential as well as desirable qualifi
The selection process for recruitment must adhere to the conditions specified in the advertisement, and arbitrary denial of selection based on undisclosed criteria violates constitutional rights.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
Placement in a selection list does not guarantee appointment without fulfilling eligibility requirements.
Eligibility for ex-servicemen posts must be assessed as of the last date of application submission, and selections made contrary to this principle are invalid.
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
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