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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Vijay Bishnoi, N. Unni Krishnan Nair
Gopal Kakaty Son Of Late Mukheswar Kakaty – Appellant
Versus
State Of Assam – Respondent
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 fo
The court ruled that reliance on an invalid recommendation in the recruitment process was erroneous, necessitating a fresh evaluation by the State Selection Board.
The selection process for the Principal position must strictly adhere to the guidelines established in the Office Memorandum, ensuring fair evaluation of candidates' qualifications.
As the selection process was abandoned on reasons not supported by records, we are of view that the act on part of respondents in abandoning and not carrying any further and at the same time deciding....
The composition of selection committees for academic positions must meet statutory requirements; violations permit candidates to challenge the process, regardless of their participation.
Point of Law : Post of Principal of Secondary School - Selection Process - Matter back to Additional Secretary for a fresh consideration by taking into account that in Pranita Sarma judgment last dat....
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
Failure to communicate a decision within the prescribed period leads to deemed approval of appointment, despite procedural lapses.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
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