The Exercise of selection and appointment by Administrative authority must be Democratic and Exigent: Gauhati High Court
The Authorities exercise the Administrative function involving the fundamental rights of citizens and careful handling of such matters. Intention abridges the Fundamental rights of citizens held in the Gauhati High Court Before the HON’BLE CHIEF JUSTICE MR. SUDHANSHU DHULIA & HON’BLE MR. JUSTICE SOUMITRA SAIKIA in the matters of Smrt. Kizukala Jamir & Ors V. The State of Nagaland & Ors. [WP No. 152 OF 2021]
The background arises from the Principal Director, the Directorate of Health & Family Welfare, Government of Nagaland issued an advertisement calling for the eligible applicants from the “bonafide Indigenous inhabitants of the State of Nagaland” for the temporary appointment for filling the post of “Junior Specialist” in the Research scientist for BSL lab. Filled by a total of 6 in numbers. Candidates should have possessed the Degree in M.Sc or PhD in Science and Molecular Biology.
The interested candidates Submitted their application with necessary documents and attended the Interview. All 33 candidates were selected. Out of 6 available positions, 2 positions will be filled by the backward tribes. The names of the remaining 4 candidates were approved. issued a formal appointment letter. Later, it was observed that some of the selected candidates don’t possess the desired qualification in Molecular Biology. The new six candidates were selected and an appointment letter was sent. The Writ Petition was filed on the grounds selecting a new of 6 candidates’ qualification are not desirable as they have no experience in working in the laboratory. The appointments were made in exigency of administrative requirement, Violation of Article 14 and 17.
The Hon’ble Court held that “The appointment made was temporary and the selection will be finalized by the State Public Service Commission in according with the law is not tenable. The procedure adopted by the State Government is Selection and Appointing the candidates are neither fair nor just or proper. So, the appointment to the selected candidates are quashed”
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Judgement Reviewed by – Kaviya S