HARISH TANDON, PRASENJIT BISWAS
Prahlad Chandra Ray – Appellant
Versus
Satyajit Sarkar – Respondent
| Table of Content |
|---|
| 1. recruitment process initiated (Para 1) |
| 2. writ petition filed (Para 2) |
| 3. interim order implications (Para 3 , 4) |
| 4. judicial precedents (Para 5 , 6) |
| 5. court's ruling on participation (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 6. writ petition outcome (Para 18) |
| 7. writ petition dismissed (Para 19 , 20) |
JUDGMENT :
HARISH TANDON, J.
1. The recruitment process for filling up the Group-D post in the concerned school initiated in the year 2006-2007 is still travelling in the Court flagging an issue which is otherwise settled through a catena of judgments rendered by this Court as well as the Apex Court.
2. The private respondent approached the Court for writ of mandamus to be issued so that he can participate in the selection process initiated for filling up Group-D post in the concerned school as a non-sponsored candidate. The interim order was passed allowing the private respondent to participate in the interview with the rider that the panel so prepared shall not be considered and approved by the District Inspector of School as it is subject to the final result of the said writ petition. Undeniably the private respondent stood first in the panel having found m
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The court established that non-sponsored candidates cannot participate in recruitment processes without public advertisement, as it violates constitutional principles of equality and fair opportunity....
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
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