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SUDHANSHU DHULIA, SOUMITRA SAIKIA
Chittaranjan Nath, Son of-Sri Dhaneswar Nath – Appellant
Versus
State of Assam – Respondent
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
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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