Research Paper

The case at hand is about one reputed college belonging to one of the states from western part of India, which selected a lady Assistant Professor, initially on a full time regular post but was never given an appointment to that effect compelling her to work on part-time or lecture basis for a whole year and then in the subsequent year the institution appointed an ineligible candidate in her place. The original selection of the qualified candidate was done by duly constituted selection panel but the same was changed by the next selection panel. Fulfilling all the necessary eligibility conditions and being originally selected by the duly constituted panel, this candidate was denied the initial full-time appointment. In the subsequent year the same post was unwarranted re-advertised and another unqualified candidate was selected as against this qualified candidate to the same post. On account of such injustice, the originally selected candidate after exhausting all other remedies such as representations was compelled to approach the High Court by way of Writ Petition. The matter was considered by the High Court and the claim of the originally selected candidate was upheld by the Honourable High Court ordering the employer to issue the necessary appointment order to the Petitioner. This is a classic case for the failure of recruitment and selection process in a government-controlled institution arising out of bad decision-making where the norms of selection based on merit were not followed by the institution. The case being cited here brings to light what consequences result when the well-established principles for recruitment and selection are flouted due to faulty decision-making by an organization seeking to recruit personnel. The facts of the case and decision taken are detailed out in the case study. The author’s perception is also expressed in the proceeding section wherein the author has criticized such faulty and flawed decision-making by the organization letting it being drawn into litigation and suffering a loss of face for its failure in pursuing correct decision-making. This case is an example where the faulty decision making by the organization paved the way for an employee to drag the organization to Court and prove that the decision of the organization in employing an unqualified candidate, after first selecting a meritorious candidate, was guided by extraneous factors and not merit, compelling the organization to reverse its faulty decision, thereby ensuring justice to the protagonist.