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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Mridul Hazarika, S/o- Mr. Jogen Hazarika – Appellant
Versus
State Of Assam, Rep. BY The Comm. And Secy. To The Govt. Of Assam, Health And Family Welfare Deptt – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Mr. P.K. Deka, learned counsel for the petitioners. Also heard Mr. B. Gogoi, learned Addl. AG, Assam appearing for the State.
2. The writ petitioner in the present petition has presented a challenge to the selection of the respondent Nos. 5 to 9 for appointment as Laboratory Technician against the vacant post advertised vide advertisement dated 19-02-2011.
3. The petitioner in the present proceeding had, in pursuance to the advertisement dated 19-02-2011 issued by the Principal, Tezpur Medical College and Hospital inviting applications for recruitment against 48 (forty eight) numbers of vacant posts of Laboratory Technician in his establishment, had submitted their respective candidature for the said post. The applications submitted by the petitioners being found to be confirming to the required eligibility criteria, they were called for appearing in an interview held for the purpose. On conclusion of the selection process, a select list came to be published wherein the names of the petitioners did not find mention. Accordingly, 44 (forty four) candidates whose name figured in the select l
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Selection process legality cannot be challenged after participation without evidence of misconduct or unfairness.
The court established that merit lists for public appointments must strictly adhere to the prescribed guidelines, and any deviation that introduces favoritism or lacks transparency is subject to judi....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
Selection processes must be fair and transparent, with candidates having no vested rights if they participated without protest, respecting merit-based adjustments among categories.
The main legal point established in the judgment is the court's authority to intervene in the selection process to rectify irregularities and ensure that only eligible candidates are considered for t....
Court does not sit in appeal over decision of Selection Committee.
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
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