State cannot justify cancellation of earlier selection process by issuing a notification with retrospective effect

Jibon Kalita Vs State of Assam (Guwahati High Court)

The petitioners were selected as Gaonburahs and police verification had also been completed on 25.11.2016. Title Suit No.7/2016 and Title Suit No.8/2016 were disposed of on 14.08.2017 and as such there was no bar on the part of the State respondents in issuing appointment orders to the petitioners from 15.08.2017 onwards. The respondents could have issued appointment orders in the year 2017, as the amendment to the Executive Instructions was made only on 10.04.2018.

In the case of Madan Mohan Sharma & Anr.-

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