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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, OM NARAYAN RAI
Sunil Kumar Ghosh – Appellant
Versus
State Bank of India – Respondent
JUDGMENT :
Om Narayan Rai, J.
1.A piquant situation has arisen on the interpretation of the various provisions contained in the West Bengal Schools (Recruitment of Non-Teaching Staff) Rules, 2005 (in short 'said Rules') enacted by virtue of a notification dated 26th December 2005.
2. A prelude to the litigation is required to be recapitulated before we embark the journey on the peripheral of the interpretation of the various provisions of the said Rules. Indubitably, the selection process was initiated in the year 2007-2008 for appointment of the non-teaching employees in the said school. Several litigations came to be filed at the behest of the appellant and diverse orders were passed from time to time. Ultimately, the last writ petition, which is dismissed by the impugned order, was taken out to quash and set aside the order of the District Inspector of Schools (SE), Nadia dated 20th December 2011 whereby and whereunder the proposal for approval of the panel was rejected primarily on the ground that the Selection Committee constituted for initiation of the recruitment process to fill up the post of non-teaching staff is not in conformity with Rule 6(1)(b) of the said Rules. The said
An order passed without assigning any reason is bad in law and cannot be sustained.
Bias in selection processes must be substantiated with evidence; mere suspicion is insufficient to invalidate decisions.
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.
The Selection Committee lacks authority to disqualify a candidate based solely on limited school choices after qualifying in a merit list, as per the Recruitment Rules.
Selection Committee cannot disqualify candidates based on limited choice preferences; disqualification must align with statutory Recruitment Rules.
The presence of the Chairperson is mandatory for the validity of a Selection Committee under UGC Regulations, and failure to comply invalidates the committee's proceedings.
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