BHUPEN BHARALI Vs. STATE OF ASSAM/STATE

JUDGEMENT

(1.) WHEN the State, for the purpose of making of selection to a given post, prescribes a particular qualification in an advertisement, which, if insisted upon, would lead to arbitrary selection or which is in violation of the relevant recruitment rules, whether the State has the freedom to waive or ignore such a prescribed qualification, while holding the selection process and making appointment, and whether the selection made by ignoring or waiving such a prescribed qualification is sustainable in law? This is the moot question, which has arisen for determination in this writ petition.

(2.) THE material facts, which are not in dispute, and which have led to this writ petition, may, in a nutshell, be set out as under :

(3.) I have heard Mr. A. Rashid, learned Counsel, for the petitioners, and Mr. B.J. Ghosh, learned Government Advocate, for the State respondents. None has appeared on behalf of the 'private respondents'.