Irregularities in the selection process, including nepotism and manipulation, can lead to the termination of appointments, but candidates who are found to be genuinely fit through a retest are entitled to be appointed.

G.C.Bharuka, J.

1. The present writ applications have been filed by the petitioners for quashing of the order dated March 23, 1990 (Annexure-2) by which the respondent Director-General or Police has terminated the appointment of all constables appointed on the basis of selection made between the period October 17, 1989 to October 19, 1989 in the District of Jehanabad.

2. The facts giving rise to the present dispute may first be stated in short. Pursuant to an advertisement made for appointment of constables in the District of Jehanabad, several persons including the petitioners appeared before a Selection Committee between the period October 17, 1989 to October 19, 1989 and after various tests and verifications, on the basis of a panel pre pared by the said Committee, 105 persons were declared to be fit for appointment. A copy of the selection list has been filed as Annexure-1 to the writ application. Out of the said 105 persons, 87 joined the posts pursuant to appointment letters received by them. The remaining 18 persons were not served with the appointment letters and, therefore, there was no occasion for them to join. Thereafter, the impugned letter was is sued terminating the services of the said 87 per sons. The reason for issuance of the impugned order of termination, as it appears from this order itself, is that pursuant to certain complaints an enquiry was got conducted by the Zonal Inspector-General of Police, Patna Zone. On an analysts of the said enquiry report the following irregularies transpired:

(i) There was gross violation of the mode and manner of appointment of constables provided in Police Order No. 202/88;

(ii) Difference was found in physical verification as shown in the candidate register and the master chart;

(iii) The appointments were not made in accordance with the reservation quota fixed for Homeguards, Schedule Tribes and Scheduled Castes;

(iv) On retest several new recruits failed;

(v) Better candidates were not appointed; and

(vi) Interpolations were made in the master chart.

3. In the counter-affidavit filed on behalf of the respondents a photostat copy of the master chart has been filed as Annexure A. Reference to the said master chart evidences interpolations in various columns pertaining to various candidates having direct bearing on the merit of selection. For the reasons following hereinafter, I need not detain myself in setting out the details of those interpolations and the persons responsible for the same but then it has to be accepted that interpolations have been done and somebody is responsible for it.

4. Learned counsel for the petitioners have primarily assailed the impugned order of termination on the ground of non-observance of the principles of natural justice in as much as, according to them, since no opportunity of hearing was granted to the candidates before passing of the impugned order, therefore, on this ground alone it should be declared as void ab initio and unenforceable.

5. On the other hand, learned Advocate General appearing for the respondents, by referring to various documents, charts and figures, has tried to impress upon me that the entire process of alleged selection was tainted with mala fides, manipulations and nepotism and as such the Government as an employer was competent to undo the entire selection. According to him, in such cases the question of complying with the principles of natural justice cannot arise. He emphatically stated that the illegality has primarily occurred because of the malafides exercised by some of the members of the Selection Committee itself and therefore, since the selection itself stands vitiated in law, granting of individual hearing to the candidates would have been of no avail. It has also been brought to my notice that disciplinary proceedings against some of the members of the Selection Committee has already been initialed and further the matter is also being enquired into by the Vigilance Department of the Government