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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Gitali Saikia D/o Late Prafulla Chandra Saikia – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. hearing of multiple parties in joint petitions. (Para 1 , 2) |
| 2. challenge to selection process for principal based on alleged illegalities. (Para 3 , 4) |
| 3. arguments for and against legality of selection process. (Para 5 , 6 , 7 , 8 , 9) |
| 4. legal standards for judicial review of selection processes. (Para 11 , 12 , 13) |
| 5. analysis of qualifications of selection committee members. (Para 20 , 21 , 22) |
| 6. judgment emphasizes legality of selection committees. (Para 26 , 34) |
| 7. discussion on estoppel in relation to selection challenges. (Para 28 , 29 , 30) |
| 8. final determination of legality regarding ugc guidelines. (Para 31 , 32) |
| 9. order to initiate fresh selection process. (Para 35 , 36) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. P.J. Phukan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Standing counsel for the respondent Nos. 1, 2 and 3; Mr. R. Mazumdar, learned Standing counsel for the respondent No. 4 and Mr. P.P. Dutta, learned counsel for the respondent No. 5 and Mr. P. Saikia, learned counsel for the respondent No. 6.
2. By this common Judgment and Order, it is proposed to dispose of these two writ petitions, being WP(C) No. 2653/2023 and WP(C) No.
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 : If the procedure requires that the Selection Committee is also required to follow the provisions of the UGC Regulations of 2018, it may do so, in doing so, it cannot be construed that ....
The selection process for public service positions must comply with established guidelines and norms, and candidates can challenge the legality of the process even after participating in it if there ....
The main legal point established is that the approval of the Director of Higher Education is crucial for the finalization of the selection process for academic appointments in provincialized colleges....
Writ of mandamus – Employment and service matter – Appointment of Principle of college - Selection Process - Appointment of Principal in College has to be as per recommendation of Selection Committee....
The court ruled that administrative decisions regarding college principal appointments may be reviewed for compliance with statutory regulations, particularly UGC Guidelines, emphasizing the importan....
Point of Law : Selection process has not yet been concluded, this Court should not entertain the present petition so far relating to the question of allotment of mark and the Director be allowed to e....
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