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MOHIT KUMAR SHAH
Sudha Devi – Appellant
Versus
Principal Secretary Health And Family Welfare Department – Respondent
JUDGMENT
Mohit Kumar Shah, J. - The present writ petition has been filed for setting aside the illegal list of candidates, shortlisted for documents verification with regard to appointment on the post of ANM (NUHM), in pursuance to the advertisement No. 12 of 2019, issued by the respondent no. 2. The petitioners have further prayed for directing the respondent-authorities to follow the guidelines issued by the State Health Society of Bihar (herein after referred to as the "Health Society"), with regard to publication of result of the petitioners and others as well as to take fair and impartial steps with regard to publication of the result of the computer based test appertaining to the said Advertisement No. 12 of 2019, as far as the post of ANM (NUHM) is concerned and then prepare the merit list for the purposes of appointment on the post of ANM (NUHM).
2. The brief facts of the case are that an advertisement bearing Advertisement No. 12 of 2019 dated 27.12.2019 was issued by the Health Society, Patna for the purposes of making appointment on the post of Lab Technician (NUHM) and ANM (NUHM). As far as the Lab Technician (NUHM) is concerned, total number of posts advertised were 100
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....
The court established that merit lists for public appointments must strictly adhere to the prescribed guidelines, and any deviation that introduces favoritism or lacks transparency is subject to judi....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
The recruitment process must adhere strictly to stipulations in the advertisement, and a candidate cannot contest procedures post-participation without valid grievances if unsuccessful.
Selection processes must be fair and transparent, with candidates having no vested rights if they participated without protest, respecting merit-based adjustments among categories.
Candidate participating in selection process estopped from challenging it post non-selection on merits.
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
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