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GOUTAM BHADURI
Mithilesh Ojha S/o Shri Uday Narayan Ojha – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
Heard.
1. The present petition has been filed to cancel the examination of Pharmacist-II held for Jashpur district and to consider the candidature of the petitioner after verification of the document.
2. The case of the petitioner is that pursuant to an advertisement dated 18/07/2016 (Annexure P/1) he applied for the post of Pharmacist and appeared in written examination and qualified the said examination by securing district rank 5 in the order of merit as per Annexure P/3. According to the petitioner, the publication so made by the Chhattisgarh Professional Examination Board (VYAPAM), the entire process of examination and the subsequent examination was to be published in the official website of the VYAPAM. It is submitted by the petitioner that after selection of the petitioner, the documents were required to be verified and as per Annexure P/4 a press note was issued by the Chief Medical Officer, Jashpur on 14/12/2016 which were not made known on time and the petitioner could not file document for verification, therefore, there is a clear deviation from the rules and procedure adopted by the respondent/VYAPAM and the State, as the entirety of the examination should have cov
Merit must not be compromised by procedural technicalities; arbitrary actions by authorities violating fair process are impermissible.
The court ruled that candidates must adhere to the selection process terms, and failure to appear for document verification despite multiple opportunities negates any claim for relief.
A candidate must meet the established criteria and cut-off marks to be considered for appointment, and vacancies cannot provide an indefeasible right to appointment when the selection process is comp....
Appellants lacked a legal right to personal notification for document verification as per advertisement norms; negligence in following the stipulated communication method led to dismissal of their cl....
Even if some persons have been given the opportunity to produce their documents, which cannot be said to be in accordance with the provisions of the terms of the advertisement, the same would be of n....
Merit must be the exclusive criterion for admission, and technicalities should not bar deserving candidates.
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