The court ruled that reliance on an invalid recommendation in the recruitment process was erroneous, necessitating a fresh evaluation by the State Selection Board.

JUDGMENT & ORDER :

N. Unni Krishnan Nair, J.

Heard Mr. L. N. Dihingia, learned counsel for the appellant. Also heard Ms. A. Das, learned standing counsel, Secondary Education Department, appearing on behalf of respondents No. 1 to 5; and Mr. A. Deka, learned counsel, appearing on behalf of respondent No. 7. However, none has appeared on behalf of respondent No. 6.

2. The present intra-Court appeal is instituted by the appellant, herein, presenting a challenge to an order, dated 12.06.2024, passed by the learned Single Judge in WP(c)3066/2023, requiring the respondents No. 2, 3 & 4, herein, to complete the process of selection against the post of Principal, Howajan Higher Secondary School, by taking into consideration the recommendation of the State Selection Board, dated 16.02.2019.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:

The appellant, herein, in pursuance of the advertisement, dated 01.02.2019, inviting applications for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, had submitted his application. Although the appellant contends that he was eligible for being considered for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath; however, in the list of candidates found to be eligible for participating in the selection process, the name of the appellant, herein, was not included.

The school selection committee on conclusion of the selection amongst the candidates found eligible for the purpose, prepared a statement-cum- select list on 16.02.2019, and the same on being countersigned by the jurisdictional Inspector of Schools, on 28.02.2019, came to be forwarded to the State Selection Board for further processing.

The appellant, herein, on being excluded from the selection process for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, as initiated in pursuance of the advertisement, dated 01.02.2019, approached the writ Court by way of instituting a writ petition being WP(c)4988/2019.

The learned Single Judge on consideration of the issues arising in the matter, was pleased to dispose of the said writ petition vide order, dated 09.12.2019, by providing that the State Selection Board shall examine the claim of the appellant, herein, and verify the same and after verification, if it is found that the appellant had requisite 17 years of teaching experience clubbing together his experience in the High School and Higher Secondary School in terms of the clarification made by this Court in WP(c)2532/2014; the recommendation made in favour of the respondent No. 7 by the school selection committee on 16.02.2019, would be liable to be set aside and further, required that necessary direction be issued for re-consideration of the claim of the appellant, herein. It was further provided that the authorities after considering the claim of the appellant, herein, shall make a fresh recommendation on the basis of the performance of the appellant and other candidates involved in the process of recruitment.

Accordingly, the matter was remanded back to the school selection committee and the school selection committee re-considered the claim of the appellant, herein, along with other applicants in the fray, on 06.03.2020, and thereafter, made its recommendations in the matter which was forwarded to the State Selection Board.

It is to be noted that on re-consideration of the matter; the school selection committee on 06.03.2020, had recommended the name of the appellant, herein, at Serial No. 1, for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath.

The matter on being placed before the State Selection Board on26.11.2020; the Board proceeded to recommend the name of the respondent No. 7 for recruitment against the post of Principal, Howajan Higher Secondary School, Biswanath, by holding that the appellant, herein, was not eligible for such recruitmen