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SANJAY KUMAR MEDHI
Dhan Sharmah S/o Late Putul Sarmah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Shri Z Hussain, learned counsel for the petitioner. Also heard Ms. D Borah, learned Standing Counsel, Health and Family Welfare Department, Assam.
2. The issue involved is with regard to a recruitment process initiated vide an advertisement dated 21.10.2011 for the post of Wardboy in the Gauhati Medical College and Hospital. The said process was initiated for a total 15 posts, out of which, 7 posts were for unreserved category to which the petitioner belongs.
3. It is the case of the petitioner that being qualified, he had submitted his candidature in response to the said advertisement and on 23.05.2012, Call Letter was issued to him for the written test which was scheduled on 10.06.2012. The petitioner had appeared in the said written test with Roll No. 202735.
4. Shri Hussain, learned counsel for the petitioner has referred to the results of the written test which was published in the Dainik Janasadharan in its issue dated 18.07.2012 wherein he was stated to be qualified. It is contended on behalf of the petitioner that he had also fared well in the subsequent oral interview, in spite of which, he was not amongst the selected candidates. The learned counsel has drawn
The principle of waiver and acquiescence applies when a candidate participates in a selection process without protest and cannot subsequently challenge the process after being declared unsuccessful.
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....
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
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