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BIBEK CHAUDHURI
Kalpana Singh – Appellant
Versus
State of Bihar – Respondent
Bibek Chaudhuri, J. – The Petitioners have invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India for the following reliefs: –
(i) For a direction upon the respondents to produce letter no. No. 01/estb.(Public Grievance)-01/2021 3321, dated 09.11.2021 and quash the same, whereby and whereunder the respondents have cancelled the whole employment and appointment process on the post of City Manager undertaken vide Advt. No. UD&H/CTM-2020/01, dated 24th of April, 2020, for which merit list has already been issued and counseling has already been done hence, cancelling the whole employment and appointment process is arbitrary and without any valid reason, which is not permissible under the law.
(ii) For quashing of the notice dated 12.11.2021 issued by the Urban Development and Housing Department, Government of Bihar, whereby it has been informed that it has cancelled the whole employment / appointment process undertaken through Advt. No. UD&H/CTM-2020/01, dated 24th of April, 2020, vide its letter No. 01/estb.(Public Grievance)-01/2021 3321, dated 09.11.2021.
(iii) For a direction upon the respondents to conclude the employment and selection pr
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 State's decision to cancel recruitment must be bona fide and non-arbitrary; candidates do not have an absolute right to appointment despite being placed in the merit list.
Decisions affecting public employment must be lawful and justified, with candidates not holding an indefeasible right to appointment, but protected from arbitrary state actions.
The judgment emphasizes the statutory requirement for rules to have binding effect and the need for publication in the official gazette. It also highlights the limited scope for interference under Ar....
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