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2025 Supreme(Online)(Sikk) 61

HIGH COURT OF SIKKIM
Meenakshi Madan Rai, J
Gyanandra Chettri – Appellant
Versus
State Of Sikkim – Respondent


Advocates:
For the Appellants/Petitioners: Rahul Rathi
For the Respondents: Pema Bhutia, Aarohi Bhalla, Bhusan Nepal

Table of Content
1. summary of the relief sought and the factual history regarding the candidate's application and subsequent disqualification. (Para 1 , 2)
2. conflicting arguments between parties regarding eligibility and the rejection of the petitioner's representation. (Para 3 , 4 , 5 , 6)
3. judicial interpretation of the term 'ex-servicemen' and the binding nature of provisional candidature conditions set by the recruitment authority. (Para 7 , 8)
4. final order dismissing the petition based on the inability of the petitioner to satisfy the eligibility criteria. (Para 9 , 10)

Meenakshi Madan Rai, J.

1. The prayers in the instant Writ Petition inter alia are as follows;

(a) …………………………………………………………

(b) Issue an appropriate writ, order/direction declaring the action of the Respondent No.2 in not considering the no objection certificate submitted by the Petitioner till production of discharge book and ex-servicemen card is illegal, arbitrary and unjust;

(c) Issue an appropriate writ, order/direction upon the Respondent No.2 to consider the no objection certificate submitted by the Petitioner till the production of discharge book and ex- servicemen card which may be obtained by the Petitio

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