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MICHAEL ZOTHANKHUMA
KANDARPA BAISHYA S/O LATE BANTI RAM BAISHYA – Appellant
Versus
KESHAB BAISHYA S/O SHRI LAL MOHAN BAISHYA – Respondent
JUDGMENT :
MICHAEL ZOTHANKHUMA, J.
1. Heard Mr. K.N. Choudhury, learned Sr. Counsel for the review petitioner assisted by Mr. R. Sarma. Also heard Mr. S.K. Roy, learned counsel for the respondent No. 1 and Mr. S. Dutta, learned counsel for the respondent No. 2.
2. The review petitioner has put to challenge the impugned judgment and order dated 26.09.2023 passed in WP (C) No. 4451/2022, by which this Court has set aside the appointment of the review petitioner to the post of Gaon Pradhan of Sanpara Parbat Village, as he was found ineligible to have participated in the selection process, due to him being in a political party at the time of the selection process. Further, this Court had also found that the respondent No. 1/writ petitioner, who was the son of the earlier Gaon Pradhan, had not been given marks at the time of interview in terms of Clause-G of the Advertisement dated 01.12.2021.
3. The facts of the case in brief is that the review petitioner and the respondent No. 1/writ petitioner had participated in the selection process for appointment as Gaon Pradhan. The review petitioner was selected as Gaon Pradhan of Sanpara Parbat Village on culmination of the selection process.
4. Th
A review petition must demonstrate new evidence or sufficient reason for reconsideration; failure to do so results in dismissal.
The court ruled that a writ of quo warranto is not maintainable if the respondent is not holding a public office at the time of filing the petition.
The main legal point established in the judgment is the importance of adhering to the rules existing at the commencement of the selection process and the limitations of judicial review in interfering....
The requirement for a certificate of other income prior to appointment was not stipulated in the notification, and thus the tribunal erroneously quashed the selection of the petitioner based on that ....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
A candidate must meet the established criteria and cut-off marks to be considered for appointment, and vacancies cannot provide an indefeasible right to appointment when the selection process is comp....
The principle of 'clean hands' in legal proceedings requires that a party must not suppress material facts when seeking relief, and the absence of required documentation can justify the rejection of ....
The court upheld the validity of appointments made following a proper recruitment process, emphasizing adherence to constitutional mandates in public employment.
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