Monday, June 21, 2021

Assam Power Distribution Company Ltd is "entitled" to "freedom" in "selection/appointment" : Gauhati HC

Writ Petition Against APDCL Dismissed

Recently in Sukur Ali v State of Assam [2021] GCtR 1186 (Gauhati) [See WP(C) 3327/2017], the writ petition filed under A.226 of Constitution of India against APDCL where the petitioner had challenged the appointment of certain candidates as trainee sahayak, has been dismissed. It has been held at para 16 that in certain kinds of cases, Hon'ble High Court has power to call for records of Minutes of the Selection Committee. 
After referring the facts, it has been clearly held, at para 16, that "selection process is neither vitiated by any illegality, arbitrariness nor the selection process was illegal or discriminatory." 
The petitioner had argued that he "had successfully completed the course of Industrial Training Institute of Government of Assam" and "though the petitioner had obtained 73.00 marks out of 100 marks and his name was placed at serial no. 21 of the merit list, his name was left out" [paras 3& 5].
Further, in this case, the decisions cited by APDCL were found not applicable at para 12.
It has been further held at para 19 that APDCL is "entitled to some amount of freedom in the matter of selection and appointment". 

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