BAHAR UDDIN MAZUMDER Vs. STATE OF ASSAM AND 4 ORS REP BY L R AND SECY TO GOVT OF ASSAM
LAWS(GAU)-2018-9-109
HIGH COURT OF GAUHATI
Decided on September 24,2018

Bahar Uddin Mazumder Appellant
VERSUS
State Of Assam And 4 Ors Rep By L R And Secy To Govt Of Assam Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. A. R. Bhuyan, learned counsel appearing for the writ petitioner. Also herd Mr. U. K. Nair, learned senior counsel appearing for respondent Nos.2 and 3 as well as Mr. D. Nath, learned Addl. Senior Govt. Advocate, Assam, appearing for respondent No.1. Mr. A. Z. Ahmed, learned counsel appears for respondent No.4 whereas Mr. K. Kalita, learned counsel appears for respondent No.5.
(2.) In this writ petition the selection and appointment of the respondent No.5 in the post of Driver under the establishment of the Chief Judicial Magistrate, Cachar at Silchar has been assailed primarily on two grounds. Firstly, that the answer given by the petitioner with regard to question No.1(x) was correct but no marks was assigned to him on that behalf. Secondly, the respondent No.5 had failed to produce the certificate of experience for five years as required by the advertisement and therefore, according to the petitioner, he did not meet the eligibility condition as prescribed by the advertisement notice dated 24.03.2014.
(3.) I have heard the learned counsel for the parties and have perused the materials available on record.;


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