The cancellation of the selection process was arbitrary and unreasonable, and the respondents failed to comply with the terms of the cancellation notice, depriving the petitioners of their right to be considered for appointment. The court emphasized the need for due application of mind by the competent authority and referred to the doctrine of sub silentio.

1. Annexure-1 to the writ application dated 7.3.2008 is an advertisement being Employment Notice No. 1 of 2008, inviting applications from eligible male candidates for filling up various posts of ancillary staffs in Railway Protection Force and Railway Protection Special Force. From the contents of the said advertisement, it would appear that vacancies were notified against various posts of ancillary staffs mentioned in the said advertisement for different recruitment Centre including the recruitment Centre at Patna. From the said advertisement, it would appear that 86 unreserved posts of Water Carrier were advertised for different Railways for which the recruitment was to be held at the recruitment Centre, Patna. The petitioners, two in number, were applicants for the said unreserved posts of Water Carrier and had participated in the selection process held at Recruitment Centre, Patna.

2. This is not in dispute that the petitioners fulfilled the eligibility criteria as per the advertisement. The selection test was conducted in the month of November, 2008.

3. It is the case of the petitioners that they participated in 100 M race and qualified. They also cleared the height and chest measurement criteria. It is their specific case in paragraph 7 of the writ application that they appeared in the physical fitness test and trade test that took place over the next two days and qualified all tests, which has not been denied by the respondents in their counter affidavit. The denial to the statement made in paragraph 7 of the writ application in the counter affidavit is only to the extent that according to the respondents the petitioners were not assured about the appointment letter, as final merit list duly approved by the competent authority was not published.

4. The petitioners are said to have waited for several months but they could not get any communication from the respondents despite their visits to the offices of the respondents. The petitioner no.1 thereafter, sought for an information under the Right to Information Act from Public Information Officer cum-Deputy Chief Security Commissioner (Respondent NO.3) regarding the status of appointment of ancillary staff notified vide said Employment Notice no. 1 of 2008. The respondent No.3, Deputy Chief Security Commissioner/RPF/ECR/Hajipur in reply to the said query made in the application under Right to Information Act informed by a communication dated 7.1.2010 that the recruitment notified vide Employment Notice No. 1 of 2008 to the extent it related to Patna Centre had been cancelled by the Chief Security Commissioner/RPF/NR. Along with the said communication, a notice published in the Employment News dated 26.9.2009- 2.10.2009 was also enclosed. The said information dated 7.1.2010 has been brought on record as Annexure-4 to the present writ application. The contents of the notice published in the said Employment News annexed along with the said letter dated 7.1.2010 is crucial for adjudication of the present case and it is therefore being quoted hereinbelow:-

“The Employment Notice no. 01/2008 dated 7.3.2008 published in Employment News dated 22-28 March, 2008 for the post of Ancillary Staff in RPF/RPSF for recruitment Centre Patna stands cancelled. Fresh notification for recruitment of Ancillary Staff will be issued shortly. However, all the candidates found fit in physical measurement during the recruitment held at Patna Centre will be allowed to appear in the fresh recruitment. They need not apply afresh”.

5. From the said notice as quoted hereinabove, it would appear that selection process for appointment to various ancillary staff was cancelled only to the extent it related to the process conducted for Patna Centre. The said notice indicated that fresh notification for recruitment of ancillary staff will be issued “Shortly”. It also indicated that all candidates found fit for physical measurement during the recruitment held at Patna Centre will be allowed to appear in