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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 :
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.
3. The said writ petition being WP 8557(W) of 2007 was finally disposed of on 17.07.2013 by the Single Bench directing the concerned District Inspector of School to consider and approve the panel within 4 weeks from the date of the communication of the said order. The aforesaid order is impugned in the instant appeal by the appellant who stood second in the said panel being a sponsored candidate and an application for stay was also filed in the instant appeal which was taken out on 19.08.2013 and interim orders staying the operation of the order for a limited period was passed whi
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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