JUDGEMENT
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(1.) The affection for the son if had resulted in a favouratism
thereby leading to biasness in the selection of the appellant for the post of a clerk
in Jhapra High School is the issue before us. The learned Single Judge set aside the entire panel on the ground that the
writ petitioner performed far better than the appellant both in the academic as
well as in the type-writing examination and the appellant excelled the writ
petitioner only in the oral interview and that explains why or how did he excel.
The fact that the appellant was treated with undue favour writ large on the
marks given to him in respect of oral interview. The learned single Judge also
found that the writ petitioner held a master degree and was better qualified than
the appellant who was not even a graduate.
(2.) The learned Single Judge has considered the academic records of the
respective candidates and found that the awarding of marks in the viva-voce test
is quite unusual having regard to the other marks obtained by him in the said
selection test.
(3.) The post concerned is that of a clerk and a non-teaching post. A Selection
Committee was formed by the Managing Committee of the School in terms of the
resolution dated July 11, 2008. The Secretary of the School is the father of the
appellant. He was part of the Managing Committee and participated in the
meeting of the Managing Committee dated July 11, 2008 for the purpose of
constituting the Selection Committee.;
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