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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Bhubaneswar Sarma S/o Late Adyanath Sarma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. S.K. Goswami, learned CGC, appearing on behalf of the appellant. Also heard Mr. A. Phukan, learned standing counsel, General Administration Department, Assam; Mr. D.K. Sarmah, learned Addl. Senior Government Advocate and Mr. A. Paul, learned counsel; appearing on behalf of their respective respondents.
2. The present intra-Court appeal has been preferred by the appellant, herein, assailing the judgment and order, dated 22.05.2022, passed by the learned Single Judge in WP (C) 3029/2022.
3. The appellant, herein, being aggrieved by the selection and appointment effected in the case of private respondent No. 4, herein, as Revenue Sheristadar in the establishment of District Commissioner, Nalbari, had approached the writ Court by way of filing WP (C) 3029/2022.
4. The appellant, herein, had assailed the selection and appointment of the respondent No. 4, herein, as Revenue Sheristadar, on the ground that the selection committee had not carried-out the selection involved, by assessing the merit of the candidates participating in the selection process and had carried-out the said selection, clearly in violation of the Rules holding the field an
The selection committee's discretion in assessing candidates based on Annual Confidential Reports and service particulars is valid, and the writ court's role is to ensure lawful decision-making.
The court established that the criteria for promotion can include unpublished guidelines and that the Chief Justice has the authority to determine suitability for promotion, which may extend beyond t....
The court upheld the discretion of the Selection Committee in assessing promotion eligibility, emphasizing its independence from prior ACR assessments.
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.
Selection for public employment must be based on clear, objective criteria, with courts intervening where arbitrary processes are evident.
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