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IN THE HIGH COURT OF BOMBAY AT GOA
BHARATI DANGRE, NIVEDITA P. MEHTA
Pradnya Sachin Kakodkar D/o Vasant Vithal Pandit – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
Nivedita P. Mehta, J.
1. Rule. Rule is made returnable forthwith with the consent of and at the request of the learned counsel appearing for the parties.
2. By the present petition, the petitioner seeks a direction against the respondents, calling for the records of the oral interview and afterperusal of the same, to quash and set aside the result of the oral interview dated 08.04.2024 and to hold the same afresh in terms of law and the guidelines as laid down in this regard. The petitioner has further sought to stay the implementation of the final result and the appointment of the selected candidates, i.e. respondent nos. 5 and 6 to the post of'Public Health Dentist' in the Directorate ofHealth Services.
3. In brief the case of the petitioner is that the petitioner is qualified as a Bachelor of Dental Surgery, and has work experience of20 years and 4 months in her field of work. The petitioner, besides her work experience, is also a Chess player, having participated in the 41sr and 44th National Women Challenger Chess Championships held in the year 2014.
4. The petitioner applied for the post of 'Public Health Dentist' in response to an advertisement dated 13.10.2023 publish
The selection committee's discretion in recruitment processes is paramount, and courts should not interfere unless there is clear evidence of malfeasance or arbitrary decision-making.
The integrity of the selection process is paramount; any fundamental flaws due to improper delegation vitiate the entire process, justifying cancellation.
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
The main legal point established in the judgment is the Court's authority to intervene in matters where the process of assessment is vitiated, even if the selection committee consists of experts in t....
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Selection process legality cannot be challenged after participation without evidence of misconduct or unfairness.
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