Back
IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Sujoy Paul, Partha Sarathi Sen
Narendra Narayan Talukdar – Appellant
Versus
Union of India – Respondent
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 to cancel the selection was taken by the competent authority.
Contention of petitioners:-
2. The learned senior counsel for the petitioners fairly submitted that after cancellation of earlier notification dated 01.09.2008 by memorandum dated 10.02.2015, a new selection process for the said post began. The petitioners herein appeared in the fresh selection and out of five petitioners four have been selected. Shri Sailen Ghosh, applicant no.4 could not clear the subsequent selection. Shri Soumya
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
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.
Authorities must provide cogent justification and adhere to procedural fairness in promotion cancellations, as required by natural justice principles.
Provisional appointment cancellations must follow due disciplinary processes; removal without inquiry violates natural justice principles.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
