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HARISH TANDON, PRASENJIT BISWAS
Tanuja Santra (Parai) – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
1. An unsuccessful litigant approached the Court challenging the selection process on multiple grounds including the constitution of the selection committee and their conduct in awarding the marks in the interview as an outcome of bias and favouritism. The selection process for filling the post of an Assistant Head Master in a relevant school was initiated in terms of the provisions contained in Memo No. 1628 dated 10th July, 2022. The said Memo contains an exhaustive provision, the mechanisms and the procedure to be adopted for selection of the eligible candidate to the post of a Assistant Head Master including the awarding of the marks on various counts.
2. According to the appellant the paragraph 3 of the said Memo postulates who shall be the members of the selection committee which includes a nominee of the Panchayat Samity and one Teachers representative to be selected by the managing committee.
3. It is a specific case of the appellant that the words “Selection” cannot be substituted with the word “Election” and the moment it is found that the Teachers representative is elected and not selected it vitiates the entire selection process.
4. It was vociferously submitted
Bias in selection processes must be substantiated with evidence; mere suspicion is insufficient to invalidate decisions.
An order passed without assigning any reason is bad in law and cannot be sustained.
Doctrine “no man can be a Judge in his own cause” can be applied only to cases where person concerned has a personal interest or has himself already done some act or taken a decision in the matter co....
Approval from the District Inspector of Schools for the master degree qualification is not relevant for being awarded marks for such degree for preparation of panel. A challenge to the selection proc....
Failure to communicate a decision within the prescribed period leads to deemed approval of appointment, despite procedural lapses.
Allegations of bias due to a committee member being a candidate's guide require substantial evidence; mere association is insufficient to invalidate a selection process.
The reconstitution of a Selection Committee during an ongoing interview process is illegal and arbitrary, necessitating a fresh selection process.
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