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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S. KARIEL
Ishitaba Jaydevsinh Zala – Appellant
Versus
State of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner's qualifications and selection context. (Para 2 , 3) |
| 2. respondent's stance against selection based on limited choices. (Para 4) |
| 3. judicial analysis of recruitment rules and selection committee's power. (Para 5) |
| 4. court's stance regarding reliance on prior judgments. (Para 6 , 7) |
| 5. concluding orders regarding the petitioner's reinstatement. (Para 8 , 9) |
ORDER :
1. Heard learned Advocate Mr. Ishan Joshi on behalf of the petitioner and learned Assistant Government Pleader Mr. Aditya Pathak on behalf of respondent-State.
2. By way of this petition the petitioner challenges decision of the respondent authority of not continuing with the candidature of the petitioner for selection of schools, inspite of the fact that the petitioner was a candidate who had qualified in the substantive selection.
3. The case of the petitioner being that the petitioner, had applied to the post of Assistant Teacher (Computer), in a selection process, initiated by the respondents for the post in question, vide advertisement dated 25.09.2024. It is the case of the petitioner that name of the petitioner figured at Sr. No. 59 in the provisional merit list no.1 and provisional merit list
Selection Committee cannot disqualify candidates based on limited choice preferences; disqualification must align with statutory Recruitment Rules.
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.
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.
A candidate's inclusion in a select list does not confer an indefeasible right to appointment; the authorities have discretion in the selection process.
The selection process for public service positions must comply with established guidelines and norms, and candidates can challenge the legality of the process even after participating in it if there ....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
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