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N. UNNI KRISHNAN NAIR
Gangadhar Barman, S/o. Lt. Thiro Ram Barman – Appellant
Versus
State Of Assam, Rep. By The Comm. And Secy. To The Govt. Of Assam, Education (Secondary) Deptt. – Respondent
JUDGMENT :
(N. Unni Krishnan Nair, J.) :
Heard Mr. S. Borthakur, learned counsel for the petitioner in the above noted writ petitions. Also heard Mr. B. Kaushik, learned Standing Counsel appearing for respondents in the Secondary Education Department and Mr. S. P. Sharma, learned counsel representing the respondent no. 5 & 6 in WP(C)/2776/2020.
WP(C)/2776/2020
2. The petitioner by instituting the present proceeding has assailed an order dated 03.03.2020, issued by the Director of Secondary Education, Assam, appointing the respondent no. 6, herein, as the Principal of Belsor Higher Secondary School, Nalbari. The petitioner has also, in the present proceeding, assailed the selection as made in respect of the respondent no. 6 by the School Selection Committee and its approval by the State Selection Board, Assam.
WP(C)/6004/2020
3. The petitioner, by way of instituting the present proceeding has presented a challenge to a communication dated 23.06.2020, issued by the Commissioner & Secretary to the Government of Assam, wherein it was held that the degrees obtained by the petitioner were not acceptable and accordingly, his case for recruitment to the post of Principal, Belsor Higher Secondar
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
The main legal point established is that the approval of the Director of Higher Education is crucial for the finalization of the selection process for academic appointments in provincialized colleges....
The court ruled that reliance on an invalid recommendation in the recruitment process was erroneous, necessitating a fresh evaluation by the State Selection Board.
As the selection process was abandoned on reasons not supported by records, we are of view that the act on part of respondents in abandoning and not carrying any further and at the same time deciding....
The appointment of public officials must adhere to the prescribed procedures and consider all eligible candidates, as per the relevant service rules.
Point of Law : 34. Irregular appointees cannot claim seniority over regular appointee - If an order is bad in its inception, it does not get sanctified at a later stage.
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