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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE
Abeda Katun, W/o. Faizuddin Ahmed – Appellant
Versus
State Of Assam, Represented By The Commissioner And Secretary To The Govt. – Respondent
| Table of Content |
|---|
| 1. establishing the factual background and timeline of the recruitment dispute. (Para 1 , 2 , 3 , 4 , 5 , 6 , 10) |
| 2. parties' conflicting contentions regarding candidate merit and selection procedure legality. (Para 7 , 8 , 9 , 11 , 12) |
| 3. court's interpretation of selection criteria and rejection of unsubstantiated claims. (Para 13 , 14 , 15 , 16 , 17 , 19 , 20) |
| 4. estoppel prevents candidates from challenging selection procedures after participation and unsuccessful result. (Para 21) |
| 5. final adjudication dismissing the writ petition due to lack of merit. (Para 22) |
JUDGMENT :
KARDAK ETE, J.
Heard Mr. M. U. Mahmud, learned counsel for the petitioner. Also heard Mr. P. P. Dutta, learned Standing Counsel, Secondary Education; Mr. S. Bora, learned Standing Counsel, SSA/RMSA; Mr. D. Upamanyu, learned counsel for the respondent No. 3 and Mr. H. A. Laskar, learned counsel for the respondent No.19.
2. Challenging the selection process for the appointment of Principals of Adarsha Vidyalayas pursuant to the advertisement dated 19.04.2022, the consequential selection list dated 01.06.2022 and the appointment orders dated 03.06.2022, the petitioner has instituted this writ petition.
3
A candidate participating in a selection process cannot challenge it based on eligibility criteria if he does not succeed in the outcome.
Candidate eligibility must be satisfied by the application cutoff date; subsequent qualifications cannot be considered in selection processes.
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....
The main legal point established is the requirement for a fair and consistent selection process in accordance with prescribed procedures and norms, and the right of the petitioner to address alleged ....
As the selection process was abandoned on reasons not supported by records, we are of view that the act on part of respondents in abandoning and not carrying any further and at the same time deciding....
Approval from the District Inspector of Schools for the master degree qualification is not relevant for being awarded marks for such degree for preparation of panel. A challenge to the selection proc....
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