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MANISH CHOUDHURY
Pramud Kumar Mili, S/o Sri Nanda Kumar – Appellant
Versus
State of Assam to be represented by the Commissioner and Secretary to the Government of Assam, Department of Industry and Commerce – Respondent
JUDGMENT :
Manish Choudhury, J.
The instant writ petition under Article 226 of the Constitution of India is preferred to assail a process of selection and appointment initiated by an Advertisement published in January, 2015 under the hand of the Commissioner of Industries & Commerce, Assam for filling up a number of vacancies in the post of Junior Assistant in different offices, to be mentioned hereinafter. The petitioner has inter-alia sought setting aside and quashing of the appointment of the respondent no. 9 in the post of Junior Assistant, made pursuant to the selection process initiated vide the Advertisement in the post of Junior Assistant, on the premise that the respondent no. 9 has been treated as an OBC candidate in the selection process. The petitioner has also sought setting aside and quashing of the appointment of the respondent no. 10 on the ground that the respondent no. 10 has been treated as an ST[P] candidate. The petitioner has also sought a direction for considering his case for appointment as Junior Assistant in the post reserved for ST[P] in the establishment of the respondent no. 6 in terms of the merit list, as advertised in the Advertisement.
2. The genesis o
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....
Selected candidates do not have an indefeasible right to appointment; the state may issue new advertisements and change qualifications without legal obligation to fill prior vacancies.
Selection processes must be fair and transparent, with candidates having no vested rights if they participated without protest, respecting merit-based adjustments among categories.
Selection processes must adhere to previously established criteria, and unilateral changes are impermissible once the process has commenced.
The applicant failed to secure employment due to miscategorization, emphasizing the need for accurate category declaration to access reservation benefits.
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