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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MANISH CHOUDHURY,
Neizelhounuo Thur D/O Khrieliehu Thur – Appellant
Versus
State Of Nagaland – Respondent
JUDGMENT :
MANISH CHOUDHURY, J.
In this writ petition instituted under Article 226 of the Constitution of India, assail is made to an Order bearing no. G-06/4/A-III[Vol.I][Pt.] dated 03.08.2016 issued under the hand of the Commissioner & Secretary to the Governor, Governor’s Secretariat, Nagaland at Kohima, whereby, the respondent no. 6 has been appointed as a Secretariat Assistant in the establishment of the Governor’s Secretariat, Nagaland, Kohima in the Pay Band – 2 : Rs. 9,300/- – Rs. 34,800/- and Grade Pay : Rs. 4,200/- per month plus all other allowances as are admissible from time to time in Nagaland. Assail is also made to the final results prepared and declared by the Selection Board constituted for the purpose of selecting candidate for appointment to the post of Secretariat Assistant in the establishment of the Governor’s Secretariat, Nagaland, Kohima, pursuant to an Advertisement dated 21.11.2015.
2. The background facts which are relevant and are not in dispute, can be exposited, in brief, at first. The genesis of the lis is traceable to an Advertisement bearing no. G-06/4/A-II/04 dated 21.11.2015 published by the Governor’s Secretariat, Nagaland, Kohima and issued under
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
Eligibility criteria for recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.
Introduction of new benchmarks in a selection process is permissible if justified by public interest and does not prejudice candidates.
Introduction of new benchmarks in a selection process is permissible if justified by public interest and does not prejudice candidates, despite the general principle against changing rules mid-proces....
The introduction of a minimum marks benchmark in a selection process is permissible if justified by public interest and does not cause prejudice to candidates.
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 judgment emphasizes the importance of a fair and transparent selection process, the need for objective criteria in assessments, and the application of reservation policies in appointments.
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