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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI
Rubu Munya D/o Late Rubu Tadu – Appellant
Versus
State of A.P. – Respondent
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. 6(six) numbers of petitioners have joined altogether in filing this writ petition under Article 226 of Constitution of India challenging the order dated 27.02.2024, issued by the Secretary (Health & Family Welfare), Government of Arunachal Pradesh, whereby a recommendation was made for re-examination of selection process in respect of Nursing Officer (contractual) at Gyati Taka General Hospital, Ziro. The petitioners have taken the ground that such recommendation of re-examination has been done in a mechanical manner which has not only affected the rights of the petitioners, who are selected candidates, but the same is also in contrary to public interest.
2. As per the facts projected, on 18.07.2023, the Mission Director, National Health Mission (NHM), issued an advertisement for filling up certain numbers of posts of contractual Nursing Officers in various hospitals across the State, including 7 (seven) numbers of posts at Gyati Taka General Hospital, Ziro. The petitioners, who were eligible for such appointment, had participated in the recruitment process and the written test was held on 21.08.2023 and in the results declared on 22.08.2023, the p
The court determined that non-compliance with a prescribed recruitment ratio is not grounds for re-examination when the process was fair and transparent, supporting equitable opportunities for candid....
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
Public recruitment processes must ensure fairness and legality, with allegations of irregularities requiring substantial proof to warrant judicial intervention.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
The withdrawal of a selection process can be justified if it is not mala fide, arbitrary, or for ulterior considerations, and does not fall foul of constitutional provisions.
Amended Rules of 1962 mandate that interview marks in public examinations cannot exceed 10% of total marks to ensure fair and transparent selection processes, reaffirming principles of constitutional....
The selection committee's discretion in recruitment processes is paramount, and courts should not interfere unless there is clear evidence of malfeasance or arbitrary decision-making.
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