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J. K. MAHESHWARI, RAJESH BINDAL
State Of Tripura – Appellant
Versus
Arunabha Saha – Respondent
| Table of Content |
|---|
| 1. ongoing recruitment process for inspector of boilers. (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. findings of the single judge upheld on statutory rules. (Para 9 , 10) |
| 3. appellants argue for validity of nrp in recruitment. (Para 11 , 12 , 13 , 14 , 15) |
| 4. ongoing processes not subject to nrp; concerns about fairness. (Para 17 , 19) |
| 5. civil appeal dismissed; recruitment must be finalized. (Para 18 , 20 , 21) |
JUDGMENT :
J.K. Maheshwari, J.
1. This appeal arises out of the judgment and order passed by the Division Bench of the High Court of Tripura dated 25.08.2020 1 [ W.A. No. 196 of 2019], affirming the decision of the learned Single Judge dated 05.08.2019 2 [ W.P. (C) No. 186 of 2019], whereby cancellation of the ongoing recruitment process for the post of Inspector of Boilers (Group-A Gazetted) in Factories and Boilers Organization under the Labour Department, Government of Tripura, (hereinafter referred to as “Inspector of Boilers”) was set aside.
2. In the instant appeal, the dispute revolves around the appointment and subsequent cancellation of recruitment process for the post of Inspector of Boilers. The recruitment to this post is governed by the BOILERS ACT , 1923 (here
Eligibility criteria for recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.
Recruitment processes must adhere to rules in effect at initiation; any changes during the process violate natural justice and fairness principles.
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.
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.(2) Ap....
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