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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Bitul Neog S/o Late Sanaram Neog – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. Unni Krishnan Nair, J.
Heard Mr. M. H. Ahmed, learned counsel, appearing on behalf of the appellant. Also heard Mr. D. K. Sarma, learned Addl. Senior Government Advocate, appearing on behalf of respondents No. 1 to 5; and Mr. P. P. Dutta, learned counsel, appearing on behalf of respondents No. 6 to 11.
2. The appellant, herein, by way of instituting this intra-Court appeal, has presented a challenge to a judgment & order, dated 28.10.2011, passed by the learned Single Judge in WP(c)1750/2011. The appellant has also presented a challenge to an order, dated 15.06.2022, passed by the learned Single Judge in Review Pet. No.90/2022.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The Additional Director General of Police(TAP), had issued an advertisement, dated 17.12.2008, inviting applications for filling up of vacant posts of Sub-Inspector of Police(AB). The said advertisement prescribes the manner of recruitment and also stipulates that the candidates shall have to secure qualifying marks in each of the segments of the recruitment process.
The app
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
Advertisement specifies securing of qualifying marks by the candidates, but it does not prescribe what would be the qualifying marks in each of the segments for selection of the candidate for the pos....
The eligibility of any candidate is to be reckoned from the date of the selection and appointments made in contravention of the statutory provisions are void ab initio.
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
Eligibility criteria for recruitment cannot be altered mid-process, as it undermines fairness and transparency, violating established legal principles.
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....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
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