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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Takar Karlo – Appellant
Versus
State of A.P. – Respondent
Key Points: - Writ petition challenged the appointment of Head Gaon Bura ( respondent No. 3 ) as not in accordance with law and guidelines; minutes of meeting and subsequent order were set aside and remanded for fresh selection. (!) (!) - Guidelines require village meeting attended by all adult members, presence of an Administrative Officer, and a quorum of one third of adults; the minutes of meeting 18.08.2016 did not satisfy these conditions. (!) (!) - Delay in acting on the minutes (about 3 years) raised doubts about legality of appointment; bias allegations related to the forwarding letter by a Gaon Bura who is brother-in-law of respondent No. 3 were noted but not relied upon for decision. (!) - The court held that the impugned action is not sustainable in law and remanded for fresh process strictly in accordance with law and applicable guidelines; no opinion on eligibility of parties was expressed for the new selection process. (!) - The existing Guidelines (2005) are to be considered for carrying out the fresh appointment process. (!) - The decision to appoint respondent No. 3 on 04.03.2019 was set aside; the process must be redone with proper adherence to prescribed methods. (!)
| Table of Content |
|---|
| 1. appointment of head gaon bura is contested. (Para 1) |
| 2. arguments on procedural violations in the appointment. (Para 3 , 4 , 5 , 6) |
| 3. court observations on adherence to guidelines. (Para 7 , 8 , 9 , 10) |
| 4. legal principle regarding prescribed methods. (Para 11) |
| 5. decision to remand for fresh appointment process. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. The issue which has been raised by means of this writ petition filed under Article 226 of the Constitution of India pertains to the appointment of Head Gaon Bura. As per the facts projected, the petitioner is educationally qualified up to Class X and, being eligible, was appointed as Gaon Bura of Sido Village in the East Siang District on 22.04.2002. In the said village, the father of the respondent No. 3 was the Head Gaon Bura, who had passed away, and on his expiry, the respondent No. 3 was appointed as Gaon Gura vide order dated 26.04.2012. According to the petitioner, being the seniormost amongst the Gaon Buras, he had submitted representation seeking his appointment as Head Gaon Bura, which post had fallen vacant on the death of the earlier incumbent. The representation submitted by the petitio
Procedures for official appointments must be strictly followed to ensure legality; failure to comply invalidates such appointments.
Appointment processes should adhere to operative guidelines at selection time; when such guidelines are abeyant, precedent norms applicable prior to them may be followed.
The Court established that the selection process for public appointments must strictly follow the prescribed legal framework to ensure fairness and transparency.
The main legal point established in the judgment is that the appointment of public officials must adhere to the relevant Executive Instructions and regulations, and legitimate expectations cannot be ....
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
A unanimous decision of the Village Council is required for the appointment of a Gaon Bura; absence of consensus invalidates the appointment, regardless of past agreements.
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