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    <title>2023 (11) TMI 1289 - Supreme Court (LB)</title>
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    <description>Reappointment to a tenure post is permissible where the enabling statute so provides, because a fixed term does not by itself exclude a further term in the same office. The outer-age limit in Section 10(9) applies to initial appointment and does not extend to reappointment under Section 10(10), which specifically contemplates an incumbent&#039;s eligibility for reappointment. Reappointment is also distinct from a fresh appointment and does not require the same search-cum-selection process unless the statute expressly says so. A designated statutory authority must exercise its own independent judgment; if the Chancellor acts on the State Government&#039;s request rather than independently, the reappointment is vitiated as contrary to law.</description>
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    <pubDate>Thu, 30 Nov 2023 00:00:00 +0530</pubDate>
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      <title>2023 (11) TMI 1289 - Supreme Court (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=457262</link>
      <description>Reappointment to a tenure post is permissible where the enabling statute so provides, because a fixed term does not by itself exclude a further term in the same office. The outer-age limit in Section 10(9) applies to initial appointment and does not extend to reappointment under Section 10(10), which specifically contemplates an incumbent&#039;s eligibility for reappointment. Reappointment is also distinct from a fresh appointment and does not require the same search-cum-selection process unless the statute expressly says so. A designated statutory authority must exercise its own independent judgment; if the Chancellor acts on the State Government&#039;s request rather than independently, the reappointment is vitiated as contrary to law.</description>
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      <pubDate>Thu, 30 Nov 2023 00:00:00 +0530</pubDate>
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