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BUDI HABUNG
TRISHNA BORGOHAIN CHETIA D/O MUKUNDA BORGOHAIN – Appellant
Versus
STATE OF ASSAM – Respondent
JUDGMENT :
BUDI HABUNG, J.
1. Heard Dr. R.C. Borpatra Gohain, learned senior counsel assisted by Mr. R.D. Phukan, learned counsel for the writ petitioner. Also heard Mr. J. Handique, learned Standing Counsel, P&RD Department for the respondent no. 1, Ms. P. Biswas, learned counsel appearing on behalf of Mr. S. Dutta, learned counsel for the respondent no. 2, Ms. M. Bhattacharjee, learned counsel for the respondent nos. 3, 4 and 5 and Mr. T. R. Gogoi, learned counsel for the respondent no. 6.
2. The petitioner by filing this writ petition under Article 226 of the Constitution of India has assailed the impugned appointment order No. DRG 72/2021-22/243 dated 23.03.2022 issued by the Deputy Commissioner, (Revenue), Dhemaji District by which the respondent no. 6 has been appointed as Gaon Pradhan of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon.
3. The case of the petitioner is that pursuant to an advertisement No. DRG. 71/2021-22/3/4140 dated 08.12.2021 inviting applications from intending candidates for the post of Village Headman/ Gaonbura of Lat No. 6, Bhepara Gaon, Bhepara Napam Telijan Gaon, the petitioner who claims to be eligible had participated along with 2(two) other candid
The Court established that the selection process for public appointments must strictly follow the prescribed legal framework to ensure fairness and transparency.
The main legal point established in the judgment is that the appointment of public officials must adhere to the relevant Executive Instructions and regulations, and legitimate expectations cannot be ....
Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.
Procedures for official appointments must be strictly followed to ensure legality; failure to comply invalidates such appointments.
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