Back
TAPABRATA CHAKRABORTY, V. M. VELUMANI
Eastern Zonal Cultural Centre – Appellant
Versus
Laipubam Upendro Sharma – Respondent
JUDGMENT :
Tapabrata Chakraborty, J.
1. All the above four appeals have been preferred against the judgment dated 4th May, 2023 passed in two writ petitions heard analogously being WPA 18906 of 2022 preferred by one Laipubam Upendro Sharma (in short, Upendro) and WPA 28493 of 2022 preferred by one Shyama Prasad Chattopadhyay (in short, Shyama). The appeal being MAT 793 of 2023 has been preferred by Eastern Zonal Cultural Centre (in short, EZCC), the appeal being MAT 796 of 2023 has been preferred by one Ashis Kumar Giri (in short, Ashis), the appeal being MAT 838 of 2023 has been preferred by Shyama and the appeal being MAT 845 of 2023 has been preferred by the Union of India (in short, UOI).
2. Shorn of unnecessary details the facts are that EZCC, an autonomous body under the Ministry of Culture, Government of India (in short, the said Ministry) published an advertisement dated 17th/23rd July 2021 inviting applications for filling up the post of Director, EZCC, Kolkata. Upendro, Shyama, Ashis along with others applied for the said post. As per decision of the said Ministry, a Scrutiny Committee consisting of four members was constituted for scrutiny of the applications received in th
The court emphasized the presumption of bona fide exercise of power and the reluctance to interfere with the decision of an expert body.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
Selection Committees must adhere strictly to their authority without imposing their own policies that disregard eligibility criteria set by governing bodies in the selection process.
If there are no rules providing for shortlisting, nor any mention of it in the advertisement calling for applications for the post, the Selection Committee can resort to a short listing procedure if ....
Eligibility criteria for recruitment in public positions cannot be altered mid-selection without just cause; transparency and adherence to established procedures are essential to uphold fairness.
The withdrawal of a selection process can be justified if it is not mala fide, arbitrary, or for ulterior considerations, and does not fall foul of constitutional provisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
