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SUMAN SHYAM
Biswajit Suraj Malakar, S/o Sri Prabhat Malakar – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. U.K. Nair, learned senior counsel assisted by Ms. L. Das, learned counsel appearing for the writ petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Health & Family Welfare Department, Assam appearing for the respondent Nos.1 and 4. Ms. P. Sharma, learned Standing Counsel, APSC has appeared for the respondent Nos.2 and 3 and Mr. S. K. Talukdar, learned counsel has appeared for the respondent No.5.
2. This writ petition has a chequered history and therefore, the facts leading to the filing of this writ petition is briefly stated hereunder. The writ petitioner and the respondent No.5 are both dentists by profession. On 14.10.2005, the Assam Public Service Commission (APSC) i.e. the respondent No.2 herein had published an advertisement notice inviting applications inter-alia for filling up one post of Demonstrator of Oral and Dental Pathology in the Regional Dental College (RDC), Guwahati. The said post was reserved for SC category candidates. As per the advertisement notice, those candidates who were in Government service or in Government owned undertakings or other similar organizations/Corporations/ Boards/Bodies or in private employments were required
Administrative department did not find any fault with procedure adopted in submission of application by respondent No.5, there is no infirmity in impugned order.
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 court emphasized that appointments made in violation of interim directions are unsustainable, reinforcing the necessity of adhering to such orders in recruitment processes.
A selection candidate's eligibility must be assessed based on relevant experience by the cut-off date; next in merit must be considered if the selected candidate cannot hold multiple appointments.
Rule 4A of Procedure of 2019 makes it clear that in case of direct recruitment select list can be prepared only on basis of interview.
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Selection process was not culminated with the appointment of candidates and at the time challenge was made, only the select list of candidates recommended by Commission was prepared and no appointmen....
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