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SANJAY KUMAR MEDHI
Rabindra Sahariah S/o Late Upendra Sahariah – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The subject matter of the instant writ petition is with regard to recruitment process for the post of Principal in the Kalaigaon Senior Secondary School, Udalguri. The petitioner, who is working as a Post Graduate Teacher in the said school is aggrieved by the selection and appointment of the private respondent no. 5 as the Principal by contending that the said respondent no. 5 is inferior to the petitioner in the relevant criteria and there is also procedural violation in the selection process.
2. Before going to the issue which has arisen for determination, it would be convenient if the facts of the case are stated briefly.
3. On 12.11.2021, an advertisement was published for appointment of 14 numbers of vacant posts of Principal in various Junior Colleges/Senior Secondary Schools in different districts of the BTC. In the said advertisement, the name of the institution in question, namely, the Kalaigaon Senior Secondary School was placed against serial no. 14. The petitioner, who claims to be working as a Subject Teacher and eligible in all re
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
Glaring illegalities in the selection procedure can be challenged, and the Court has the authority to set aside the selection process and direct a restart in accordance with the applicable rules.
Earmarking of 200 marks for viva voce test as against 850 marks for written examination does not violate the doctrine of equality embodied in Article 14 and 16 of the Constitution.
Where a recruitment process is kept alive through continuous litigation and candidates from a common merit list are appointed pursuant to court orders, the doctrine of 'fence-sitter' does not apply t....
The recruitment process for educational appointments must be conducted fairly, transparently, and in accordance with statutory provisions to ensure compliance with principles of natural justice and e....
Judicial review in recruitment processes is limited; courts generally defer to the expertise of Selection Committees unless gross irregularities are demonstrated.
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