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VIJAY BISHNOI, SUMAN SHYAM
Rajeswarie Sankaran, W/o. Dr. Praveen K. – Appellant
Versus
Vikramjeet Dutta, S/o. Binod Behari Dutta – Respondent
JUDGMENT :
Suman Shyam, J.
1. Heard Mr. D. Saikia, learned senior counsel assisted by Mr. B. Gogoi, learned counsel appearing for the writ appellant in WA 458/2023 as well as Mr. K. Gogoi, learned counsel, appearing for the writ appellants in WA 467/2023. We have also heard Mr. H.K. Das, learned counsel appearing for the respondents in both the writ appeals.
2. Both these intra-court appeals arise out of the common judgement and order dated 06/11/2023 passed by the learned Single Judge in WP(C) No. 420/2023, allowing the writ petition filed by the respondent no. 1 as writ petitioner. Writ Appeal No. 458/2023 has been instituted by one of the successful candidates, viz. Dr. Rajeswarie Sankaran whereas, Writ Appeal No. 467/2023 has been preferred by the Union of India represented by the Secretary to the Ministry of Health & Family Welfare, New Delhi, All India Institute of Medical Sciences (AIIMS) Changsari, Kamrup, Assam along with its Director as well as the Standing Selection Committee of the AIIMS, as the appellants. Since common questions of law and facts are involved in both these writ appeals, we propose to dispose of these appeals by this common judgement and order. The facts an
The court affirmed the validity of separate assessments in a composite interview process, emphasizing the autonomy of the Selection Committee in determining selection methodologies.
The withdrawal of a selection process can be justified if it is not mala fide, arbitrary, or for ulterior considerations, and does not fall foul of constitutional provisions.
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
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.
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Selection process legality cannot be challenged after participation without evidence of misconduct or unfairness.
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