Back
S. TALAPATRA
Sukanta Das – Appellant
Versus
District & Sessions Judge, West Tripura Judicial District – Respondent
JUDGMENT
1. Heard Mr. A Bhowmik, learned counsel appearing for the petitioners as well as Mr. D Bhattacharjee, learned GA assisted by Mr. S Saha, learned counsel, Mr. P Saha, learned counsel appearing for the respondent No. 1, District & Sessions Judge, West Tripura Judicial District [WP(C) 303 of 2021] and Ms P Dhar, learned counsel appearing for the respondent No. 2. Despite due notice from this court, none appears for the respondents No. 3, 4 & 5.
2. All the writ petitioners appeared in the selection test (comprised of written test and viva voce) in response to the recruitment advertisement under No. F.R.CELL/DJ/W/2015/ (Main)/4314 dated 24.4.2015 issued by the District Judge, West Tripura, Agartala and after the written test, all the writ petitioners were called upon to appear in the viva voce test. There is no dispute that all the writ petitioners were zero out of twenty five marks allotted for the interview (viva voce). The writ petitioners have asserted that they would have been successful if their performance in the interview were properly assessed by the interview board.
3. It has been asserted by Mr. Bhowmik, learned counsel appearing for the petitioners that awarding zero i
The court ruled that a fair evaluation in recruitment interviews is essential, asserting that absurd scoring practices cannot stand, and substantial justice prevails over technicalities of delay.
Point of law : If there is some minor irregularity in selection of a candidate but if such a candidate has put in a number of years of service, it may not be advisable to disturb his appointment.
Delay and laches are fatal in service matters, and unexplained delays in seeking appointment can bar claims, reinforcing the necessity for timely action in judicial proceedings.
The court upheld the Commission’s authority to conduct a second written examination to rectify previous evaluation errors, affirming the necessity for fair recruitment practices.
Delay and laches are critical in writ proceedings, and a significant delay without reasonable explanation can lead to dismissal of the petition.
Fraud in evaluation nullifies the validity of the selection process, allowing for judicial intervention despite delays in challenging seniority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
