Candidates are estopped from challenging the legality of a recruitment process after voluntarily participating in it and failing to secure a position. Furthermore, threshold qualifying marks must be distinguished from merit-based selection cut-offs, the latter being dependent on rank relative to available vacancies.

JUDGMENT :

Ashutosh Kumar, CJ.

We have heard Mr. H.K. Das, learned Standing Counsel, Gauhati High Court for the appellants in Writ Appeal No.281/2025 and for respondent Nos.1 &2 in Writ Appeal No.291/2025; Mr. S.P. Sharma, learned Advocate for the appellants in Writ Appeal No.291/2025; Mr. P.K. Roychoudhury, learned Advocate for respondent Nos.1 & 2 in Writ Appeal No.281/2025 and for respondent Nos.4 & 5 in Writ Appeal No.291/2025 and Mr. S. Baruah, learned Government Advocate, Assam for respondent No.3 in Writ Appeal No.281/2025 & Writ Appeal No.291/2025.

2. Both these writ appeals have been taken up together and are being disposed off by this common judgment.

3. The judgment dated 31.07.2025 impugned in both the writ appeals has been passed by a learned Single Judge of this Court in WP(C) No.2325/2025, which was preferred by 2(two) of the Stenographers Grade-II, namely, Nozrul Islam Laskar and Gulzar Hussain Barbhuiya, seeking quashing of the minutes of the meeting of the Committee for Centralized Recruitment of Officers and Staff of Subordinate Judiciary and all Benches of the High Court regarding relaxation of eligibility criteria for promotion to Stenographer Grade-I for the Subordinate Courts of Assam, based on which the Notification dated 09.12.2024 was issued for filling up 17 posts of Stenographer Grade-I in the District Courts of Assam, as also the Notification dated 09.12.2024 by which an advertisement was issued inviting applications from the serving Stenographers of the District Courts of Assam for participating in the promotional process for promotion to 17 posts of Stenographer Grade-I, relaxing the eligibility criteria as 5(five) years service in Stenographer Grade-II or Stenographer Grade-III in the District Judiciary in Assam and the Notification dated 22.04.2025 declaring the select list.

4. The learned Single Judge, vide the impugned judgment, has quashed the Notification dated 22.04.2025 issued under the signature of Registrar (Administration)-cum-In-Charge, Centralized Recruitment, Gauhati High Court, listing the names of all the applicants, who were found to be qualified for promotion to the post of Stenographer Grade-I, as also the order(s) of appointment issued on the basis of the afore-noted Notification dated22.04.2025.

5. By the impugned judgment, the Appellant/Gauhati High Court has been directed to prepare a fresh select list on the basis of rank-wise mark sheet amongst the Stenographer Grade-II who appeared in the Speed Test held on 02.03.2025 in connection with promotion to Stenographer Grade-I, strictly on the basis of merit and such select list not containing the names of those who are Stenographer Grade-III and grant consequential promotion orders to the Stenographer Grade-II, who would fall in the merit.

6. The Stenographer Grade-III, the learned Single Judge has opined, had no right to be considered for promotion to the post of Stenographer Grade-I as there were eligible candidates from Stenographer Grade-II, who only had to be considered for promotion to the post of Stenographer Grade-I.

7. The promotion/selection process began as described hereunder.

8. The Regist