HC quashes selection process for magistrate post in KHADC court

In its order issued on Tuesday, the division bench comprises of the chief justice Mohammad Yaqoob Mir and Justice SR Sen said, “While quashing the selection process initiated vis-à-vis one post, we direct the respondent to immediately frame the recruitment rules and then to initiate the process for recruitment of three vacant posts in accordance with the Rules as shall be framed. Exercise of framing Rules, initiation of process for recruitment and its finalization shall be completed by the Khasi Hills Autonomous District Council positively within two months from today.”

The bench while disposing of a petition filed by Agnes Kharshiiing, president of the CSWO also directed that those candidates who had competed pursuant to the earlier notification, who may have crossed the age bar shall be allowed to apply in relaxation of age.

The advertisement was issued by the Secretary to the Executive Committee of KHADC on March 31, 2015 inviting applications from citizens of India for the post of Magistrate, Subordinate District Council Court, Khasi Hills Shillong.

The candidates vide letter dated August 21, 2015 were required to appear for written examination consisting of two papers of 100 marks each. The letter provides that first ten candidates scoring highest marks in written examination will be called for personal interview.

Vide notification dated October 6, 2016, 13 candidates were declared to have qualified for personal interview. The interview was held but out of 13 candidates, two remained absent.

The Inverview Committee was headed by District Council Judge S Kharsyiemlieh as chairman Prof LS Gassah, Dept – Political Science, NEHU, Toki Blah, Retd IAS, and two joint secretaries of the KHADC RS Wanniang and DG Syiemiong as members.

Taking into account the whole gamut of the selection process, the bench said, “We are persuaded to hold that if the process of selection is allowed to be finalized, same will have trapping of negating valuable rights of the meritorious candidate i.e. who has secured highest mark in written examination. Since allocation of 500 marks for viva voce test, when only 200 marks for written examination, are excessive, unreasonable and in deviation to the settled norms, so clearly has an impact of converting merit into demerit.”

It stated that a candidate who had secured 100 marks in written examination has been awarded 293 marks in viva voce test, a candidate who had secured 95 marks in written examination has been awarded 188 marks in viva voce test, a candidate who has secured 94 marks in written examination has been awarded 250 marks in viva voce.

“A candidate who has got highest marks in written examination automatically gets excluded,” the bench stated.

The process so initiated was only for one post now, two more posts have become vacant in total three posts of Magistrates in Subordinate District Council Court, Khasi Hills are vacant.

Those are required to be filled up at the earliest, it directed.

It was also informed that on completion of the enquiry conducted by a judge on the request of the chief justice, a report was prepared suggesting that though mala fides are not forthcoming but the process for selection initiated appears to be arbitrary.

Furthermore, allocation of 500 marks for personal interview when for written examination 200 marks were allocated grossly is excessive. Allocation of 500 marks for personal interview is totally arbitrary and bereft of legal sanctity.

The bench directed that the enquiry file along with enquiry report shall be kept in a sealed cover and made part of this file.

By Our Reporter