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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SUMAN SHYAM, J.
Ms. Kabyashree Dutta And Anr - Appellants
Versus
Sri Rahul Tamuli And Ors. – Respondent
WA 337 of 2019
Decided on : 25-01-2021
Constitution of India, 1950 - Article 12 - Assam Energy Development Agency Service Regulations, 2015 - Regulation 6, 13, (2), 1(c) - Recruitment - Selection process - Eligibility criteria - Appeal filed against judgement and order passed by which petition was allowed setting aside selection and appointment of private respondent nos. 6 and 7 – A selection process cannot be set aside on a mere probability of bias - Para 16.
Finding of the Court:
A selection process cannot be set aside on a mere probability of bias – Court do not wish to elaborate on concept of bias, which Courts have applied in a given case from time to time - Settled position of law, all same, is that where bias is alleged there should be “a real danger of bias”, as different from “a mere apprehension of bias” - One of selected candidates in general category has obtained very high mark in written examination i.e. 88 out of 100 and same candidate had again obtained high marks in viva voce which is 55 - Other selected candidate which is from reserved category of MOBC also has a special equity in her favour – Court have been informed that this selected candidate who belongs to More Other Backward Class i.e. MOBC was working as an Assistant Professor in Department of Electronic and Communications in Assam Down Town University and having been selected and appointed for post of Junior Scientific Officer under AEDA, she resigned from post of Post of Professor and had joined present post - This aspect was also placed by respondents before learned Single Judge - Since she has already resigned from post earlier held by her, she cannot go back to that post – Court is of view that though there may be a probability of bias in selection process, but there were no real danger of bias which calls for setting aside entire selection and appointment - Judgement and order of learned Single Judge passed is hereby set aside.
Result: Appeal allowed.
JUDGMENT :
Sudhanshu Dhulia, J
1. Heard Mr. Mr. D. Das, Sr. Adv. assisted by Mr. R. Sarmah, Adv and Mr. H.K. Nath, Adv, learned counsel appearing for the appellants. Also heard Mr. H. Gupta, learned counsel for the respondent nos. 1 and 2, Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, representing the respondent no. 3 and Mr. P.J. Saikia, learned counsel for the respondent nos. 4 to 7.
2. This appeal has been filed against the judgment and order dated 04/10/2019 passed by the learned Single Judge of this Court in WP(C) No. 3158/2017, by which the writ petition was allowed setting aside the selection and appointment of the private respondent nos. 6 and 7 in the writ petition, who are now before this Court in appeal.
3. At this stage we may also state that the order passed by the learned Single Judge is a combined order passed in three writ petitions, viz. WP(C) 3157/2017, WP(C)6719/2018 and WP(C) 3158/2017. However, since the present matter only relates to WP(C) No. 3158/2017, the facts which would be stated here will pertain only to the WP(C) No. 3158/2017.
4. Brief facts of the case are that Assam Energy Development Agency (hereinafter referred to as AEDA)which is a Government body and an authority as contemplated under Article 12 of the Constitution of India, had issued an advertisement dated 26/10/2016 inviting application from eligible candidates for two posts of Junior Scientific Officer. Out of the two posts (with which we are presently concerned) 1 (one) is unreserved and 1 (One) was reserved for OBC or MOBC. The eligibility criteria was that the candidate should not be less than 18 years of age and not more than 43 years of age as on 01-01-2016. As per the educational qualification, a candidate must be a Bachelor of Engineering/Technology in Electrical/Electronics/Mechanical with uniform and excellent academic career and further the candidates must have experience in renewable energy field during their course or later would be preferred. Thereafter, the process of selection was also advertised, which broadly prescribed that first step would be that the candidates would be short listed and only the shortlisted candidates will then be called for the written test and the date of written test will be intimated individually and also through the website. It was also stated that the venue and time of the written test, practical test as well as viva-voce would be fixed by the authority and would be notified in due course. The selection to the aforesaid posts was to be made in accordance with the Regulations, 2015, which is known as Assam Energy Development Agency Service Regulations, 2015 (herein after referred to as the Regulations). Regulation 6 of the aforesaid regulations reads as under :-
1) Direct recruitment shall be made on the basis of recommendations made by the Selection Committee in accordance with the procedures here-in-after provided :
(a) Keeping in view the minimum qualification for posts to be filled up by direct recruitment, as indicated in Schedule-III, the Director, in consultation with members of the Selection Committee, shall determine additional qualifications as may be considered necessary.
(b) The Director shall then advertise the posts in local prominent newspapers and through Employment Exchange, taking care of necessary clauses on reservations for candidates belonging to Scheduled Castes and Scheduled Tribes or any other categories under the Rules of the State Government.
(c) The Selection Committee may hold written test or both, and undertake scrutiny of certificates and documents as may be considered necessary.
(d) The Selection Committee shall furnish to the Appointing Authority a list of candidates recommended by it, in order of preference, found suitable for direct recruitment. The number of candidates in such a list may be according to the actual number of vacancies.
(e) On receipt of the select list of candidates the Director will take necessary steps for a
It is settled law that a person who consciously takes part in process of selection cannot, thereafter, turn around and question method of selection and its outcome.
Doctrine “no man can be a Judge in his own cause” can be applied only to cases where person concerned has a personal interest or has himself already done some act or taken a decision in the matter co....
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....
The selection process must adhere to transparent and publicly disclosed criteria, and reliance solely on viva voce marks can lead to illegitimate appointments, undermining the integrity of the select....
The petitioner's participation in the selection process did not preclude challenging the illegality, and the appointments were set aside due to gross anomalies and illegality.
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
The selection process for Junior Assistant posts was invalidated due to significant irregularities, and the principle of estoppel does not prevent a candidate from challenging an illegal selection pr....
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