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SIMANTA KUMAR BORAH – Appellant
Versus
THE STATE OF ASSAM AND 3 ORS – Respondent


Advocates:
['MD B ISLAM', '', 'M HOQUE', 'K UDDIN', 'GA', 'ASSAM', '', 'SC', 'FINANCE']

ORDER

25.05.2022 Heard Mr. B. Islam, learned counsel for the petitioner.

2. The petitioner’s counsel submits that the petitioner’s father Shri Deben Borah was injured during the Assam Movement and accordingly the petitioner is entitled to be given preferential appointment when recruitment is made to a Government post, in terms of Rule 4 of the Assam Public Services (Preferential Appointment) Rules, 1999, hereinafter referred to as the ‘1999 Rules’, 3. The petitioner’s counsel submits that the office of the District Magistrate, Nagaon has issued a Certificate dated 29.11.2016 stating that the petitioner’s father was injured in connection with his participation in the Assam Movement on the problem of foreigners.

4. Ms. S. Barua, learned counsel for all the respondents submits that there is no Medical Certificate annexed to the writ petition to show that the petitioner’s father suffered from any physical disability in the Assam Movement. He also submits that the genuineness of the Certificates issued by the authorities, which are annexed in the writ petition would have to be verified by the respondents, besides the petitioner requiring to have all the eligibility criteria required for be

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