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KALYAN RAI SURANA
Miss Mitalee Kashyap D/o Lt. Padmadhar Sarma – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. S.J. Sharma, learned counsel for the petitioner. Also heard Mr. A. Kalita, learned standing counsel for the State respondent nos. 1, 2 and 3, Mr. M. Sarma, learned counsel for respondent no.4, and Mr. R. Borpujari, learned counsel for the respondent no.5.
2. By advertisement dated 03.02.2015, published by the District Industries and Commerce Centre, Golaghat (respondent no.3), applications were invited for filling up 2 (two) vacant posts of Junior Assistant in their office. The petitioner along with others had participated in the selection process. The selection was a three stage process, requiring the applicants to successfully clear the written test, then clear the computer typing test and to also successfully clear the viva-voce test. The petitioner has projected that he and 8 (eight) other candidates (total nine candidates) had cleared the written test that was held on 30.03.2015. Thereafter, they had also appeared in the computer typing test held on 11.05.2015. Thereafter, the petitioner and eight others had appeared in the viva-voce test held on 25.06.2015. Thereafter, vide notice dated 29.06.2015 and 30.06.2015, the respondent nos. 4 and 5 were declared se
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.
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....
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.
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.
Participation in the selection process without raising objections precludes subsequent challenges. Substantial evidence is required to prove mala fides.
Participating in the selection process without raising objections creates a bar of waiver, and allegations of mala-fides require credible proof.
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