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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Union of India Rep. by the Secretary, Ministry of Defence, New Delhi – Appellant
Versus
Bijay Singh S/o Late Omprakash Singh – Respondent
| Table of Content |
|---|
| 1. challenge to cancellation of examination process. (Para 2 , 3 , 4 , 5) |
| 2. tribunal's findings on examination irregularities. (Para 6) |
| 3. arguments for examination procedure validity. (Para 7 , 8 , 9 , 10) |
| 4. court's opinion on tribunal's order justification. (Para 11 , 12) |
| 5. legal standard for examination cancellation. (Para 13 , 14) |
| 6. supreme court standards for systemic irregularities. (Para 15 , 16 , 17 , 18) |
| 7. court's requirements for proving examination irregularities. (Para 19 , 20 , 21) |
| 8. assessment of evidence against examination integrity. (Para 22 , 23 , 24 , 25 , 26) |
| 9. concluding remarks on tribunal's unsustainable order. (Para 27 , 28) |
JUDGMENT :
ASHUTOSH KUMAR, CJ.
1. We have heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for the petitioners and Mr. A. Ahmed, learned Advocate for the respondents.
2. The challenge in the present petitions is to the order dated 06.05.2019 passed by the Central Administrative Tribunal (hereinafter to be referred as ‘Tribunal’), Guwahati Bench, whereby the public examination held for the post of Mate (SSK) in the office of the HQ 137 Works Engineers, Dimapur, Nagaland has been cancelled and the authoritie
Cancellation of public examinations must be justified by systemic irregularities; isolated issues like double admit cards do not warrant such drastic measures.
A candidate's right to selection cannot override the necessity for a fair examination process; substantial evidence of systemic irregularity justifies cancellation of examination results.
(1) Constitutional values which undergird Articles 14 and 16 mandate that selection processes conducted by public authorities to make recruitments have to be fair, transparent and accountable.(2) Whe....
Minor technical irregularities in recruitment exams, promptly rectified without systemic fraud or inability to segregate tainted/untainted candidates, do not vitiate entire selection process.
An examination can only be cancelled if there are systemic irregularities; isolated incidents do not justify re-examination if tainted candidates can be segregated from untainted ones.
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