Kolkata: The Calcutta High Court has held that a recruitment process cannot be struck down merely because rules or the composition of the selection committee are changed later, as long as the selection was initiated under the policy prevailing at the time.
Justice Krishna Rao dismissed a writ petition challenging a recruitment process for temporary appointments to the posts of superintendent, cook and helper at a Scheduled Tribe Ashram Hostel in East Midnapore.
The petitioner had questioned the validity of the recruitment notice on the ground that it was issued by the chairman-cum-convener of the advisory committee, whereas a later government order provided that the headmaster or teacher-in-charge of the concerned school would act as the member-convener.
Examining the sequence of government resolutions and orders, the court noted that a 2006 resolution had constituted block-level advisory committees with the block development officer acting as chairperson-cum-convener. In March 2024, the Principal Secretary of the Tribal Development Department directed that engagement of personnel for Ashram Hostels would be carried out by such block-level advisory committees formed under the 2006 resolution.
The court observed that the recruitment process was initiated under this framework and that a subsequent modification of the committee’s composition by an order issued in December 2024 could not invalidate the ongoing process.
It held that the chairman did not commit any illegality by issuing the recruitment notice as convener.
On the contention that guidelines requiring preference for candidates familiar with the language, culture, and ethos of tribal students were not followed, the court noted that these guidelines were issued after the recruitment notice.
It also recorded that the petitioner had not participated in the selection process and that none of the candidates who took part had challenged the recruitment.
The court further noted that the authorities conducted a written test followed by an interview, prepared a merit list — which was published on the district website — and issued an appointment letter to the selected candidate for the post of superintendent. Finding no change in the selection criteria and no prejudice to candidates, the court held that no illegality had been committed.
Accordingly, the writ petition was dismissed, and the headmaster of the institution was directed to allow the selected candidate to join the post of
superintendent forthwith.