Options Given In Advertisement Are Exercised Only When Applications Received Are Large: Gauhati HC Dismisses Plea Challenging 2015 APSC Recruitment
The Gauhati High Court dismissed a plea challenging the 2015 Assam Public Service Commission Recruitment for different posts of Lecturers in the Nursing Colleges of Assam.
The Court held thus while observing that either of the two options given in the advertisement is exercised for selection only when applications received are large.
The bench of Justice Sanjay Kumar Medhi observed, “…advertisement has clearly indicated the mode of selection as written test/interview. The said heading further stipulates two options of short listing the number of candidates on the basis of the marks obtained in the qualifying academic examination or by holding screening test. It is, however, noted that either of the two options are to be exercised only when the application received is large.”
Brief Facts-
In the present case, a controversy was raised in connection with a recruitment process initiated by the Assam Public Service Commission (APSC) for different posts of Lecturers in the Nursing Colleges of Assam on grounds of violation of the reservation policy and the mode adopted for such selection.
The Court noted that the allegation of violation of the reservation policy has appeared to be factually untenable given the facts projected in the affidavit-in-opposition of the APSC that two candidates of the reserved category have been appointed in the vacancy meant for the unreserved category based on their merits.
The Court perused provision of the advertisement indicating the mode of selection as written test/interview and said that there was no requirement at all for adopting either of the two options. Accordingly, as per the Court the candidates who had applied were subjected to a viva voce test.
Finally, the Court said that the petitioner having participated in the said selection process in the mode adopted by the advertisement without any demur will not be allowed to challenge the mode that too, on a ground which appears to fallacious.
Consequently, The Court dismissed the Writ Petition.
Cause Title: Raihana Akhtar v. The State of Assam (Neutral Citation: GAHC010131812017)
Appearance:
Appellant: Adv. A.R. Bhuyan
Respondent: Sr. Adv. TJ Mahanta, Adv. DP Borah and Adv. PP Dutta
