SUMAN SHYAM, MALASRI NANDI
High Court Bar Association, Rep. By Its President, Shri Ashipri Zho – Appellant
Versus
Gauhati High Court, Guwahati, Rep. By The Registrar – Respondent
JUDGMENT :
Suman Shyam, J.
1. Heard Mr. C. T. Jamir, learned senior counsel assisted by Mr. L. Wapang, learned counsel appearing for the writ petitioners in all the three writ petitions. We have also heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, appearing for the respondent nos. 1, 2 and 3, Ms. T. Khro, learned Additional Advocate General, Nagaland, appearing on behalf of the State of Nagaland and Mr. Sishir Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel for the respondent no. 5 in WP(C) No. 4908/2020. The remaining respondents did not appear during hearing of these writ petitions.
2. In these three writ petitions common questions of law and facts are involved and, therefore, those are being taken up for disposal by this common order.
3. The facts giving rise to the filing of these writ petitions are as follows :
4. On 01/08/2018, the Registrar General of Gauhati High Court had issued an advertisement notice for filling up 3 (three) vacancies (2 existing and 1 anticipated vacancy) in the Grade-III category of Nagaland Judicial Service. In the advertisement notice dated 01/08/2018, it was inter-alia, mentioned that all candidates who obtain 60
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Rules 8(1) goes to show that appointments made in the Judicial Service would have to be in conformity with the orders issued by the Government of Nagaland from time to time regarding special reservat....
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
An administrative decision does not always require a statutory sanction. For instance, it is well settled that for holding interviews for selection/admissions shortlisting can be done, and it is not ....
The court affirmed the authority of recruitment committees to establish cut-off marks post-examination, provided it serves the objective of selecting qualified candidates.
Rule 12(1)(i) of Rules of 2006 prescribes that no person selected for appointment by direct recruitment shall be appointed unless appointing authority is satisfied that he possesses a good moral char....
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
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