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ALTAMAS KABIR, S.S.NIJJAR
Bedanga Talukdar – Appellant
Versus
Saifudaullah Khan – Respondent
The Supreme Court emphasized that the selection process for public employment must adhere strictly to the terms and conditions outlined in the advertisement. Any deviation or relaxation of these conditions, such as accepting certificates or documents after the stipulated deadline or from authorities not specified in the advertisement, is generally not permissible unless the advertisement explicitly grants the authority to relax such conditions. This approach ensures fairness, transparency, and conformity with constitutional mandates, preventing arbitrary or biased decision-making in the recruitment process (!) (!) .
Judgment :
1. Leave granted.
2. These appeals are directed against the impugned judgment and order dated 4th March, 2010 in Writ Petition (C) No. 950 of 2010 and impugned judgment and order dated 2nd July, 2010 in Writ Petition (C) No.3382 of 2010 passed by the High Court of Guwahati, allowing the writ petitions filed by the respondent No.1 whereby Assam Public Service Commission (hereinafter referred to as “respondent No. 3”) was directed to examine the entitlement of respondent No.1 by taking into account the identity card produced by him.
3. We may notice the bare essential facts necessary for the determination of the controversy involved in these appeals.
4. The respondent No. 3 issued an advertisement on 10th August, 2006 bearing advertisement No.6/2006, announcing its intention to hold the preliminary examination of the Combined Competitive Examination, 2006 for screening candidates for the Main Examination for recruitment to various posts educated in the advertisement. The last date for the receipt of the completed application forms was fixed as 11th September, 2006. In this advertisement, although, posts had been reserved for various categories such as OBC/MOBC, SC, ST(P) an
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