High CourtsSingle Bench(2022) 01 SIK CK 0003

Tshering Samdup Bhutia And Others vs State Of Sikkim And Others

Sikkim High Court · Decided on 25 January 2022

HON’BLE JUDGES
Meenakshi Madan Rai, J
CASE NUMBER
Writ Petition (C) No. 01 Of 2022

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Judgment

16 paragraphs · 219 words

Meenakshi Madan Rai, J

The Petitioners are aggrieved by the Sikkim State Sub-ordinate Fisheries Service (Amendment) Rules, 2019, notified on 22-07-2019 (Annexure P1),

by which there is no reservation for Scheduled Tribes, Scheduled Castes, OBC and MBC candidates and there is a general cut off age of 30 years for

all applicants seeking recruitment to the post of Fisheries Block Officer, contrary to the Sikkim State Sub-ordinate Fisheries Service Rules, 2008

(Annexure P9) which provided for such reservation.

I.A. No.01 of 2022 is an application seeking stay of the operation of (i) the Sikkim State Sub-ordinate Fisheries Service (Amendment) Rules, 2019

(Annexure P1); (ii) the Employment Advertisement No.09/SPSC/EXAM/2021, dated 26-08-2021 (Annexure P11); and (iii) Notice

No.55/SPSC/EXAM/2021 dated 14-12-2021 (Annexure P14) and also restraining the State-Respondents from conducting Examination for the

Fisheries block Officer in accordance with the Employment Advertisements supra.

Having heard Learned Counsel for the Petitioner and perused the Petitions, specifically Paragraph 9(xi) to the Writ Petition and Paragraph 2 of the

Notice bearing No.55/SPSC/EXAM/2021, dated 14-12-2021 (Annexure P14), at this stage I deem it appropriate to only issue Notice to the

Respondents.

Notice be issued to all Respondents accordingly.

Learned Government Advocate is present for the State-Respondents No.1, 2 and 4 on advance Notice. He waives formal Notice.

Requisites be filed within three days.

List on 01-02-2022.