STATE OF SIKKIM Vs. GHANASHYAM SHARMA

JUDGEMENT

(1.) The instant writ appeal arises in respect of a judgment and order dtd. 30/9/2022, passed by a learned Single Judge in Writ Petition (C) No.26 of 2020, (Dr. Ghanashyam Sharma vs. State of Sikkim and others). By the impugned judgment and order, the learned Single Judge disposed of the writ petition, while observing that the selection and appointment of private-respondent no.4 (Dr. Thomas Chandy) had been done in contravention to the Rules, hence Notification No.27/Home/2020 dtd. 17/4/2020, was quashed and set aside, as the Selection Committee constituted for the interview suffered from a legal infirmity.

(2.) There are two appeals filed before this Court. The first appeal, being Writ Appeal No. 06 of 2022, has been filed by the State of Sikkim and others, whereas, the second appeal, being Writ Appeal No. 10 of 2022, has been filed by Dr. Thomas Chandy, being the private-respondent no.4 before the Writ Court.

(3.) The issue sought to be raised in the writ petition centered around the post of Chairperson of the State Pollution Control Board of Sikkim. Pursuant to an advertisement dtd. 4/6/2019, Dr. Ghanashyam Sharma, being the writ petitioner, along with five others, which included Dr. Thomas Chandy (being the private respondent no.4 in the writ petition) participated in the selection process. Dr. Ghanashyam Sharma and others were unsuccessful participants in the selection process and it was Dr. Thomas Chandy who was selected for the post in question.