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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SUDHANSHU DHULIA, SOUMITRA SAIKIA, JJ.
Sri Chittaranjan Nath, Son of-Sri Dhaneswar Nath – Appellant
Versus
The State of Assam – Respondent
Writ Appeal No.01 of 2019
Decided on : 05-05-2022
Assam Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1986 - Rule 16 - Writ Appeal - Writ petitioner who claims to be an unemployed youth came across advertisement published in Assam Tribune advertising vacant posts of Assamese Language Reporter Grade-II in Assam Legislative Assembly - Advertisement was for filling up of 8(eight) numbers of posts of Language Reporter (Assamese) Grade-II, 2 (two) numbers of post of Bengali Reporter, 1 number of post of English Reporter, Grade-II and 3(three) numbers of Stenographer Grade-III (English) - Whether non-publication of the results as mandated under Rule 16 will invalidate, results so declared and thereby make the entire selection invalid - It is well settled that ordinarily the selection process shall not be interfered with in judicial review at the instance of a candidate who had appeared in a selection but was declared unsuccessful (Para 10).
Findings of the Court :
It is well settled that ordinarily the selection process shall not be interfered with in judicial review at the instance of a candidate who had appeared in a selection but was declared unsuccessful - However, the exception to this Rule is when any such selection is conducted dehors the Rules or in complete contravention to any set norms or parameters as may be stipulated under the Rules or in the absence of any Rules as declared by the appointing authority prior to any such selection process initiated. In the facts of present case, the allegations of the appellant are omnibus in nature - There is no challenge to constitution of the Selection Committee or in its function as being contrary to Rules - There is no challenge to the manner/process by which the selection was conducted and to which process petitioner admittedly subjected himself to - Except for the mandate under Rule 16 for publication of select list in the official gazette, no other contravention of the Rules have been specifically pleaded to by the petitioner - The selected persons have been in employment since past six years pursuant to their selection - It is also fairly submitted by the writ petitioner that there was some delay in approaching this Court because the petitioner was in the process of acquiring information - Petitioner also could not explain specifically as to why he could not accept offer of the respondents to examine the answer scripts in the office with prior intimation to respondents.
Result : Writ Appeal dismissed.
JUDGMENT :
Soumitra Saikia, J.
This Writ Appeal arises out of impugned Judgment and Order dated 21.05.2018 passed in WP(C) No. 6590/2018 by the learned Single Judge, whereby the writ petition filed by the petitioner was dismissed.
2. The writ petitioner who claims to be an unemployed youth came across the advertisement dated 03.02.2015 published in the Assam Tribune advertising vacant posts of Assamese Language Reporter Grade-II in the Assam Legislative Assembly. The said advertisement was for filling up of 8(eight) numbers of posts of Language Reporter (Assamese) Grade-II, 2 (two) numbers of post of Bengali Reporter, 1 number of post of English Reporter, Grade-II and 3(three) numbers of Stenographer Grade-III (English). Subsequently, corrigendum advertisement was also issued on 05.02.2015 modifying the age limit only. All other conditions remained the same.
3. The petitioner is an OBC candidate and being desirous of seeking employment, applied for the selection in terms of the said advertisement dated 03.02.2015 read with the corrigendum dated 05.02.2015. The petitioner applied for the post of Grade-II Language Reporter Assamese. The petitioner appeared for the interview and according to the petitioner he faired very well in the interview and the speed test conducted by the Selection Committee. The recruitment to the said posts are governed by the Assam Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1986. In terms of the said Rules, the Selection Committee was constituted comprising of :-
(ii) Secretary -One Member
(iii) Joint Secretary -One Member.
The interview was conducted on 29.10.2015. After about 3(three) months, the results were declared on 03.03.2016. The select list was hung in the Notice Board indicating only the Roll numbers of the selected candidates. According to the petitioner, the select list was not published in the local newspaper, which is a violation of the Rules. The petitioner, thereafter, filed a Right to Information application on 05.03.2016, asking for the speed test copies of the selected candidates as well as the category wise breakup of the posts advertised pertaining to Assamese Language Reporter Grade-II. As per the reply submitted on 04.04.2016, it was informed that out of 12(twelve) posts 8(eight) posts were filled up by Un Reserved category, 2(two) posts by OBC Category and 2(two) posts by SC category. The Speed test copies of the selected candidates sought for were refused as the same were information which are considered to be exempted from disclosure without the consent of the third party, under the RTI Act. Being aggrieved, the writ petition was filed.
4. The learned counsel appearing for the petitioner submits that it is the mandate of Rule 16 of the Assam Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1986 that the select list after due approval by the appointing authority shall be published in the Assam Gazette. The learned counsel for the petitioner submits that there is no dispute that the said Rule of publication in the Assam Gazette as required under the Rule had not been complied with. The learned counsel for the petitioner submits that the selection results were declared on the eve of the Model Code of Conduct issued by the Election Commission of India. According to the learned counsel for the petitioner, the Model Code of Conduct by ECI was issued on 03.03.2016 and the same was made effective from 7:30 p.m. on the same date. The respondent authorities hurriedly and surreptitiously issued the impugned order of the appointments to the selected candidates on the same date i.e. 03.03.2016, which cannot be done as the same is in violation of the Model Code of Conduct issued by the Election Commission of India. That apart, it is contended that there was complete nepotism, favoritism resorted to in the selections besides the same being in conflict with the Rules. The learned counsel for the petitione
Point of Law : It is well settled that ordinarily the selection process shall not be interfered with in judicial review at the instance of a candidate who had appeared in a selection but was declared....
Candidates participating in a selection process without protest cannot challenge the results afterward. Writ petitions may not be maintainable without impleading selected candidates.
The main legal point established in the judgment is the court's authority to intervene in the selection process to rectify irregularities and ensure that only eligible candidates are considered for t....
The recruitment process must adhere strictly to stipulations in the advertisement, and a candidate cannot contest procedures post-participation without valid grievances if unsuccessful.
The selection process for recruitment must comply strictly with the criteria published in the advertisement; changes are impermissible unless explicitly allowed.
Public recruitment processes must ensure fairness and legality, with allegations of irregularities requiring substantial proof to warrant judicial intervention.
Transparency in recruitment must be maintained, yet merit positions dictate lawful selections; challenges to selections require substantive evidence.
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