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IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Narendra Narayan Talukdar – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. cancellation of selection based on irregularities (Para 1) |
| 2. arguments regarding the cancellation and new selection process (Para 2 , 3) |
| 3. challenges to the identification of delinquent candidates (Para 4 , 5 , 6 , 20 , 21) |
| 4. ratio on cancellation when candidates are identifiable (Para 7 , 23) |
| 5. vigilance report findings on selection process irregularities (Para 8 , 10 , 18 , 22 , 24) |
| 6. dismissal of petitions and conclusion of the judgment (Para 11 , 12 , 25 , 26 , 27 , 28) |
JUDGMENT :
Sujoy Paul, ACJ.
WPCT 136 of 2019
Admitted facts:-
1. The admitted facts between the parties are that the petitioners pursuant to a selection notification dated 01.09.2008 appeared in the selection for the post of Apprentice Mechanics Inter Stage (Mechanical). The petitioners were declared successful in the said selection process. They joined the respective promotional posts and worked for about four years. However, pursuant to memorandum dated 10.02.2015 the said selection was cancelled by Railway Administration. It is admitted between the parties that said cancellation memorandum dated 10.02.2015 is founded upon the report of vigilance department and it is not in dispute that decision
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
Non-speaking cancellation of selection process for technical irregularities without prejudice is arbitrary and invalid; must provide reasons and notice.
Cancellation of completed selection process and panel for minor, curable irregularities is arbitrary and disproportionate; unsuccessful candidates estopped from post-result challenges; promotion righ....
Cancellation of selection and reversion invalid if due to departmental evaluation errors without candidate fault, prior hearing, or inquiry; natural justice violated; innocents protected by equity, l....
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Procedural fairness mandates documented justifications for cancellation of selections post-qualification, upholding legitimate expectations of candidates.
Mere selection in recruitment does not confer indefeasible right to appointment if process tainted by procedural irregularities confirmed by inquiry; authority may bona fide withhold without hearing ....
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