RAJESH BINDAL, MANMOHAN
State of Uttar Pradesh – Appellant
Versus
Bhawana Mishra – Respondent
What is the applicability of the principle of legitimate expectation in cases of change in government policy regarding appointments? What are the rights of candidates admitted to a training course when there is a change in the selection process for subsequent appointments? What constitutes discrimination in the context of government appointments when the number of candidates far exceeds available vacancies?
Key Points: - The Supreme Court set aside the High Court's judgment, allowing the appeals filed by the State of Uttar Pradesh (!) . - The core issue was whether mere admission to the Ayurvedic Nursing Training Course conferred a right to appointment as an Ayurvedic Staff Nurse (!) . - The advertisement for the training course did not promise a right to appointment; a bond was only required if a candidate was selected for government service after training (!) . - A change in government policy allowed private institutions to conduct the Ayurvedic Nursing Training Course, significantly increasing the number of pass-outs (!) (!) (!) . - The increased number of candidates made it impossible to recruit all pass-outs, necessitating a selection process to choose the best available candidates (!) (!) . - The principle of legitimate expectation was deemed far-fetched due to the substantial shift in facts and circumstances following the change in government policy (!) . - Appointing candidates from government institutions while not offering the same to those from private institutions would have led to discrimination (!) . - No appointments were made under the old system for candidates admitted after the 2010-11 session, except for a few in 2015 due to a court order (!) (!) (!) . - The respondents failed to point out any similarly situated person from their batch or subsequent batches who was directly appointed by the State, rendering the plea of discrimination unsustainable (!) . - There was no violation of Article 14 as the State's actions were not arbitrary and there was no unequal treatment of equals (!) .
JUDGMENT
Rajesh Bindal, J.
1. This order will dispose of three appeals involving common questions of law and facts.
2. The State is before this Court impugning the judgment dated 17.01.2025 passed by the Division Bench of the High Court [High Court of Judicature at Allahabad, Lucknow Bench] in Special Appeals [Special Appeal Nos.214 and 257 of 2020 and Special Appeal No.317 of 2021] filed by the State. The same were filed against [Service Single Nos. 12609 and 33476 of 2019 and Service Single No. 3415 of 2020] different orders passed by the Single Bench of the High Court in Writ Petitions3 filed by the respondents.
3. For the purpose of consideration of the issues involved, we are noticing facts from Civil Appeal No. 14250 of 2025 (arising out of S.L.P.(C) No.19707 of 2025).
4. Taking us through the long history of facts of the case, learned counsel for the State submitted that vide Government Order dated 12.11.1986, procedure for selection of candidates for Ayurvedic Nursing Training Course in the State was circulated. The selection procedure was specified which provided for written examination followed by an interview and the marks assigned for the same. Tone and tenor of the aforesai
N. Suresh Nathan and Anr. Vs Union of India and Ors
Sivanandan C T and Others vs. High Court of Kerala and Others
Appointment – Available vacancies with Government being less, normal rule provides for a selection process to be followed so that best available candidate is selected – Essence of discrimination is u....
A candidate's legitimate expectation for appointment should be honored based on the rules in effect during the recruitment process, despite later amendments altering eligibility criteria.
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.
The enhancement of posts in a recruitment process without reopening applications violates the right to equal opportunity under Articles 14 and 16 of the Constitution.
Administrative authorities must adhere strictly to the terms of public advertisements regarding eligibility and selection, ensuring fairness and the principle of legitimate expectation, particularly ....
Point of Law : Appointment has to be made strictly as per terms of the advertisement and in case, the candidates who did not possess the qualification as mentioned in the advertisement were permitted....
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