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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, C.KUMARAPPAN
Member Secretary – Appellant
Versus
M. Shibikumaran, S/o R.Muthuramalingam – Respondent
| Table of Content |
|---|
| 1. details of recruitment process and candidate categories (Para 1 , 2 , 3) |
| 2. circumstances and selection issues of candidates (Para 4 , 5) |
| 3. arguments regarding selection fairness and merit (Para 6 , 7 , 8) |
| 4. judicial review limits on selection processes (Para 9 , 10 , 11) |
| 5. assessment of selection committee and evidence requirements (Para 12 , 13 , 14) |
| 6. conclusion and setting aside of writ order (Para 15) |
JUDGMENT :
S.M. SUBRAMANIAM, J.
Under assail is the writ order dated 29.10.2020 passed in W.P.No.11070 of 2015. Three intra-Court appeals have been instituted by the writ petitioner, Teachers Recruitment Board and the 3rd respondent in the writ petition. All the parties to the writ petition have preferred appeal under Clause 15 of Letters Patent on the ground that the concluding paragraph of the judgment, if implemented would unsettled the process of selection already completed long before.
2. Recruitment notification was issued on 28.05.2013 inviting applications from eligible candidates for appointment to the post of Assistant Professor in Government Arts and Science College for the year 2012. The post shall be filled up on the basis of weightage marks awarded for
Judicial review of recruitment processes is limited, and completed selections should not be unsettled without substantial proof of wrongful practices or errors.
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
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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