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2014 Supreme(Pat) 202

I.A.ANSARI, SAMARENDRA PRATAP SINGH
Union of India through the Financial Commissioner, Ministry of Rail, Railways Board, Rail Bhawan, New Delhi – Appellant
Versus
S. P. Tripathi, Son of Late Deo Dutt Tripathi, Senior Section Officer – Respondent


Advocates:
Advocate Appeared:
For the Petitioner/s:Mr. D. K. Sinha, Senior Advocate Mr. Bijay Kumar Sinha, Advocate
For the Respondent/s:Mr. Chitranjan Sinha, Senior Advocate
For the Petitioner/s:Mr. P. N. Sahi, Senior Advocate Mr. Amarendra Narayan, Advocate
For the Respondent/s:Mr. Chitranjan Sinha, Senior Advocate Mr. Anil Kumar Sinha.

CAV ORDER

(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)


Whether an authority, holding and/or conducting a selection process, is wholly debarred from cancelling the selection process or the select list? Whether a selectee, in the select list, has an indefeasible right to challenge, in a Court of competent jurisdiction, the cancellation of select list even when cancellation of select list by the authority, holding or conducting a selection process, is reasonable and/or non-arbitrary? Can a candidate, who has participated in a selection process and does not figure in the select list, never challenge the select list on the principal that a candidate, having participated in a selection process and failed, cannot turn back and challenge the selection process or whether such a candidate can challenge process of selection or the select list if the selection process suffers from violation of the relevant rules of recruitment, or suffers from mala fide, bias or prejudice? These are, broadly speaking, some of questions, which the present set of three writ petitions, made under Article 226 of the Constitution of India, have raised.

2. While the writ petition filed by the Union of India and its func






































































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