The entire selection process must stand vitiated when the illegality is pervasive and beneficiaries cannot be segregated. No indefeasible right can vest in the hands of those employees whose appointments were a consequence of a completely tainted selection process.

S. RAVINDRA BHAT, J.

1. The present petition has been preferred against an order of the Central Administrative Tribunal (CAT) dated 19.03.2014 in O.A. No. 2825 of 2012. The CAT rejected the application of the writ petitioners claiming that they should be appointed to one of the Group-C/D posts in the Government of India Press.

2. The facts necessary for deciding this case are that some time in November 2007, the third respondent issued an advertisement in the newspaper inviting applications for filling-up Group-C/D posts. Pursuant to this, the selection process was undertaken which included inter alia an interview. On 30.03.2008, the respondents published a list of selected candidates. The list contained names of the petitioners who were also allotted the respective categories among Group-D posts. This was subsequently followed by appointment letters dated 01.04.2008. Close on the heels of the appointment letters came one further letter dated 03.04.2008 of the respondents suspending the recruitment process, which was notified to all subsequently. The petitioners in these circumstances had approached the CAT for appropriate directions, arguing that in view of their selection and subsequent notification in the selected list, they had a right to be appointed to the posts. This led to the direction dated 03.03.2010, requiring the respondents to pass orders within two months. On 30.07.2010, the respondents issued an order stating no recruitment would be made to Group-D posts and that all the applicants in the O.A. cannot be appointed to the Group-D posts. This order was challenged by filing O.A. 2880 of 2010 before the CAT which allowed it on 18.04.2011. That decision of the CAT was questioned before this Court in W.P. (C) 5962 of 2011 and connected cases. In the course of the proceedings, this Court noticed that the respondents in the present case, i.e. the Central Government and the recruiting department had urged the existence of serious irregularities that had been gone into by its Vigilance Cell. The report of the Chief Vigilance Officer (CVO) of the respondents was also produced and taken note of. By that time, a few selected candidates had been appointed – before the suspension of the selected list on 03.04.2008. Taking note of these aspects, the Court, by its order and judgment dated 07.03.2012, required the respondents to pass appropriate orders and intimate the same to the concerned parties. The Court set-aside the directions of the CAT to appoint the present petitioners. It was in these circumstances that on 03.05.2012 the respondents issued the following order:-

"File No. 7/17/2010-A.I. (Vol. II)

Government of India

Ministry of Urban Development

DIRECTORATE OF PRINTING

"B" Wing, Nirman Bhavan, New Delhi - 110008

OFFICE MEMORANDUM

Subject – Implementation of High Court of Delhi Order dated 07.03.2012 in W.P. (C) No. 4745 of 2011, W.P. (C) 5962 of 2011 and W.P. (C) 5825 of 2011 filed against CAT Principal Bench, New Delhi’s order dated 18.04.2011 in various OA’s filed by Shri Dharam Vir Singh, A.K. Sharama & Others and Harish Kumar & Others.

1. In compliance of the orders of Hon’ble High Court of Delhi on the subject mentioned above, the competent authority has decided to cancel/terminate the appointment in respect of all candidate including those who have already joined service in respect of Government of India as per procedure and submit a compliance report to Hon’ble High Court of Delhi through the Government counsel. The subject recruitment process in the above mentioned cases thus stands cancelled.

2. The Government Counsel be requested to prepare a draft of the compliance report to be filed in the Court and be faxed to this Directorate urgently to avoid any further delay in the matter.

3. This issues with the approval of the Competent authority.

Sd/-

SURENDRA SINGH

Dy. Director (Administration - II)

Tel/Fax : (011) 2306 1186

To,

The Manager, Government of India Press,

Alighar – 202001"

3. The above was que