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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ROBIN PHUKAN
Lumane Mello S/o Late Kadu Mello – Appellant
Versus
State of A.P. – Respondent
| Table of Content |
|---|
| 1. initiation of litigation and framing of prayers. (Para 1 , 2) |
| 2. factual history regarding denied promotion due to lack of educational qualifications. (Para 3 , 8) |
| 3. conflicting views on the validity of executive orders vs. prevailing recruitment rules. (Para 4) |
| 4. judicial assessment of the doctrine of occupied field regarding rule-making authority. (Para 6 , 7 , 9) |
| 5. executive orders supplement recruitment rules when the latter is silent. (Para 11) |
| 6. final outcome: dismissal of the petition for lack of merit. (Para 15 , 16) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. T. Tapak, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate for the respondents.
Prayers:-
2. In this petition, under Article 226/227 of the Constitution of India, the petitioner has challenged the order No. YKG-555/2023, dated 14.07.2025, passed by the Deputy Commissioner, Yingkiong, Upper Siang District (DC hereinafter), whereby the petitioner herein was declared as not eligible to be promoted to the post of Political Assistant (PA hereinafter) and further, prayed for issuing direction to the respondent authorities to appoint the petitioner as PA before constitution of
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