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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Runmoni Borah Phukan, D/o - Sri Mukul Borah – Appellant
Versus
Krishna Kanta Handiqui State Open University – Respondent
| Table of Content |
|---|
| 1. overview of the writ petition facts and selection context. (Para 1 , 2 , 3 , 4 , 17 , 18) |
| 2. petitioner's arguments regarding illegal candidate selection criteria. (Para 5 , 6 , 7 , 8 , 9) |
| 3. respondents' defense on selection procedures and ugc compliance. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. distinguishing between essential and desirable qualification criteria. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 5. analysis of procedural lapses, noc requirements, and precedents. (Para 27 , 28 , 29 , 30) |
| 6. judicial determination on selection validity and merit. (Para 31 , 32 , 33) |
| 7. final order dismissing the writ petition. (Para 34) |
ORDER :
KARDAK ETE, J.
Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. P. J. Phukan, learned Standing Counsel, KKHSOU for the respondent Nos. 1 to 6; Mr. A. R. Tahbildar, learned Standing Counsel, Higher Education Department for the respondent Nos. 7 & 9 and Mr. S. N. Baruah, learned counsel for the respondent No. 8.
2. Challenge made in this writ petition is to the appointment of one Dr. Sanjib Borah, respondent No. 8 herein, as Assistant Professor in Assamese in Krishna Kanta Handiqui State Open University (hereinaft
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 that the rejection of a representation for NOC must be in compliance with constitutional provisions, and any arbitrary or discriminatory action in ....
The appointment of a candidate is invalid if they do not disclose current employment and fail to submit a mandatory no objection certificate during the selection process.
The Selection Committee cannot alter the essential qualifications for a position once the selection process has commenced, and the Chancellor has the authority to terminate appointments that do not c....
Interview-only selection valid for senior academic posts if compliant with per-vacancy screening rules; uniform expert evaluation indicates consensus, not bias.
The main legal point established is that the approval of the Director of Higher Education is crucial for the finalization of the selection process for academic appointments in provincialized colleges....
: A person, seeking to be appointed as Workshop Assistant must essentially possess qualification prescribed.
The court established that a Ph.D. is not a mandatory qualification for the Assistant Professor position, affirming that candidates with a Master's degree and NET qualification are equally eligible.
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