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DEVASHIS BARUAH
Raju Deka, S/o. Biren Deka – Appellant
Versus
State of Assam, Rep. by the Commissioner and Secy. to the Govt of Assam, Home Deptt. – Respondent
JUDGMENT :
1. The instant writ petition has been filed challenging the select list dated 21.12.2010 which was published in the Assam Tribune newspaper.
2. The facts of the instant case as discerned from a perusal of the writ petition are that on 08.02.2010, an advertisement was issued by the Additional Director General of Police (TAP), Assam Ulubari, Guwahati for filling up of 3,843 nos. of vacant posts of AB constable including 637 nos. backlog vacancies of AB constables. In the said advertisement, 10% of the vacancies were reserved for women, and other reservations are 27% for OBC/MOBC category candidates, 7% for SC category candidates, 5% for ST(H) category candidates and 10% for ST(P) category candidates. The Petitioners herein are all belonged to the OBC category candidates and applied in respect to Morigaon District. It is further relevant to mention that for Morigaon District, the total vacancies were 74. As many as 1600 nos. of candidates had participated in the said selection process insofar as the Morigaon District is concerned. The Petitioners claimed that they had performed the physical efficiency test to the best of their ability and thereupon had also performed well in
Candidates participating in a selection process without protest cannot challenge the results afterward. Writ petitions may not be maintainable without impleading selected candidates.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
Unsuccessful candidates cannot challenge the recruitment process after participating in it.
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....
It is a settled position of law that a candidate, who consciously takes part in selection process, cannot turn around and question very selection process. When two petitioners were disqualified at st....
The court emphasized the importance of considering the petitioners for appointment in the vacancies available and prohibited the filling of any post without considering the petitioners.
The court emphasized the importance of eligibility and the zone of consideration in the selection process, ultimately influencing the decision to dismiss the petition.
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