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N. UNNI KRISHNAN NAIR
Joysree Rajkumari D/O- Lalit Chandra Deka – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Mr. K. M. Haloi, learned counsel for the petitioner in both the writ petitions i.e., WP(C)6148/2012 and WP(C)1076/2015. Also heard Mr. P. Nayak, learned Standing Counsel representing the General Administrative Department, for the State respondents and Mr. M. K. Choudhury, learned Senior Counsel assisted by Mr. B. Sharma appearing for the respondent nos. 3 & 4 in WP(C)1076/2015.
2. The writ petitioner had instituted WP(C)6148/2012, assailing an advertisement dated 03.07.2012, issued by the Director of Archives, Assam for recruitment to 02(two) posts of LDA/JAA on the ground that the posts in question, considering the cadre strength of the cadre of Junior Assistant, could not have been exclusively reserved for Reserved community candidates.
3. WP(C)/1076/2015 has been so instituted assailing the appointments as effected in respect of the respondent nos. 3 & 4 therein, in pursuance to the said advertisement dated 03.07.2012.
4. The Director of Archives, Assam had issued an advertisement dated 03.07.2012, inviting applications for recruitment against two posts of LDA/JAA in the establishment. The petitioner, who is a General community candidate, being aggrieved by the rese
The court emphasized that appointments made in violation of interim directions are unsustainable, reinforcing the necessity of adhering to such orders in recruitment processes.
The court ruled that the selection process for Junior Assistant posts did not violate constitutional rights, emphasizing the need for accuracy in recruitment advertisements.
The main legal point established in the judgment is that the selection process must adhere to the terms of the advertisement and the prescribed rules, and any deviation from these norms is impermissi....
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
The retrospective application of administrative guidelines to recruitment processes initiated prior to those guidelines' issuance is unlawful and violates principles of natural justice.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
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