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MANMOHAN, DIPANKAR DATTA
State Of Assam – Appellant
Versus
Arabinda Rabha – Respondent
Key Points: - (!) The court emphasizes the necessity of fair and transparent recruitment to public service, even in absence of explicit recruitment rules, and the potential to frame rules to govern selection (Para 76). - (!) The Court discusses available options for the government when irregularities are detected: continue to completion, restart, or salvage the valid portions, and notes proportionality considerations in choosing cancellation versus continuation (Para 78). - (!) The Court holds that the government’s decision to cancel the select list, based on the PCCF note detailing irregularities, did not fail the tests of Wednesbury unreasonableness or proportionality (Para 90). - (!) The broad issue is answered in favor of the appellants, upholding cancellation as not arbitrary or disproportionate (Para 97). - (!) Directive to initiate a fresh process for 104 Constables with potential relaxations, under Article 142, and to publish new advertisements and possibly frame recruitment rules (Para 111). - (!) Concluding direction: rules are desirable and should be framed; if not, administrative instructions should be in public domain and followed to avoid bias (Para 110). - (!) - (!) Relief and concluding directions: quashing lower court judgments, liberty to start fresh process, waivers granted to applicants, and publication of fresh advertisement with timely completion (Paras 106-112).
JUDGMENT :
DIPANKAR DATTA, J.
FACTS
1. A process of recruitment was set in motion by the office of the Principal Chief Conservator of Forest & Head of Forest Force, Assam1[PCCF], Government of Assam, by issuing an advertisement dated 23rd July, 2014 to fill up of 104 posts of Constables in the Assam Forest Protection Force2[AFPF].
2. Process of selection was conducted in May, 2016. The respondents, who had applied pursuant to the advertisement, participated in the process. They qualified in the physical efficiency test3[PET], whereafter they were interviewed. It was claimed by the respondents that the select list prepared by the Central Selection Committee, headed by the then PCCF, contained names of candidates found, prima facie, fit for selection and appointment as Constables in the AFPF and that such list, wherein their names figured, had been submitted to the Government for approval.
3. In May, 2016 itself, there was a change in the political regime of Assam pursuant to the elections held to the Assam Legislative Assembly.
4. On 4th July, 2016, the incumbent PCCF submitted a note to the Government highlighting serious anomalies that had crept in, in the selection process. Based on su
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
In an intra court appeal where the learned Single Judge arrives at a possible conclusion permissible in law, the appellate court will not interfere unless both sides agree for a fairer approach relie....
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Mere selection in recruitment does not confer indefeasible right to appointment if process tainted by procedural irregularities confirmed by inquiry; authority may bona fide withhold without hearing ....
Cancellation of selection and reversion invalid if due to departmental evaluation errors without candidate fault, prior hearing, or inquiry; natural justice violated; innocents protected by equity, l....
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
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