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2019 Supreme(Del) 1259
IN THE HIGH COURT OF DELHI AT NEW DELHI
S. MURALIDHAR, SANJEEV NARULA, JJ.
Ravinder Sirohi – Appellant
Versus
Union of India and Others – Respondents
Writ Petition (Civil) No. 11507 of 2017
Decided On : 14-02-2019
Advocate Appeared:
Abhishek K. Choudhary, Arun Bhardwaj.
The cancellation of candidature must be supported by valid reasons, and en masse cancellation of selections should be avoided.
Headnote:
Chowkidar Appointment Dispute - Military Hospital Recruitment - [Vinodan T. vs. University of Calicut (2002) 4 SCC 726, Onkar Lal Bajaj vs. Union of India (2003) 2 SCC 673, Joginder Pal vs. State of Punjab (2014) 6 SCC 644] - The court discussed the cancellation of the entire selection process, discrepancies in the recruitment process, and the legal principles regarding cancellation of candidature and en masse cancellation of selections. The court emphasized the importance of valid reasons for cancellation of candidature and the need to segregate tainted candidates from untainted ones.
Fact of the Case:
The Petitioner applied for the post of 'Chowkidar' at Military Hospital, cleared the exam, and completed pre-appointment documentation. However, the entire recruitment process was quashed due to procedural anomalies, rendering the Petitioner overage for any subsequent selection.
Finding of the Court:
The Court found that the discrepancies highlighted in the selection process did not apply to the Petitioner, and there were no valid reasons for cancelling his candidature. The cancellation severely prejudiced the Petitioner, and the Court set aside the decision of the Respondents and directed the Petitioner's appointment as 'Chowkidar.'
Issues: Discrepancies in the recruitment process, cancellation of entire selection, and the Petitioner's eligibility and candidature.
Ratio Decidendi: The court emphasized the need for valid reasons for cancellation of candidature, the importance of segregating tainted candidates from untainted ones, and the impact of cancellation on qualified candidates.
Final Decision: The Court allowed the petition, set aside the decision of the Respondents, and directed the appointment of the Petitioner as 'Chowkidar.'
S. MURALIDHAR, J.
1. Aggrieved by not being offered appointment to the post of "Chowkidar" despite having cleared all stages of selection process, the Petitioner has filed the present petition.
2. In July 2016 the Commanding Officer, Military Hospital, Doda Respondent No. 3 issued a recruitment notification for various posts including that of "Chowkidar" for which the Petitioner applied. The Petitioner cleared the exam held on 14th September 2016. He was asked to report to the Military Hospital for completion of pre-appointment documentation and other formalities. It is stated that on 11th January 2017 the Petitioner produced all the relevant documents for verification.
3. Thereafter, he kept waiting for the appointment letter. When it did not come through, the Petitioner issued a legal notice to the Respondents dated 6th November 2017. A reply dated 21st November 2017 was sent stating that the hospital was not empowered to issue appointment letter and that the issue was pending with the headquarters. On 30th November 2017 the Petitioner was informed that the appropriate authority has quashed the entire board proceedings due to "procedural anomalies" and fresh recruitment process would be initiated shortly.
4. This led the Petitioner to file the present petition in which notice was first issued on 21st December 2017. On 15th October 2018 the following order was passed by this Court:
"1. Counter affidavit has been filed by the respondents.
2. Learned counsel for the respondents states that the entire recruitment process that had commenced on 18.07.2016, in terms of the advertisement issued by the respondents for filling up the vacancies of Chowkidar, Washerman, Cook, Safaiwala, Mali and LDC has been quashed by the Competent Authority for the reasons stated in the letter dated 18.11.2017 enclosed with the counter affidavit (Annexure A-12).
3. Learned counsel for the petitioner states that the said letter clearly indicates that there were some discrepancies observed in the recruitment process which are attributable to the respondents and that being the position, the petitioner cannot be made to suffer, as by now, he has become overage and therefore even if fresh vacancies are advertised, he would not be eligible to apply for the same.
4. We have enquired from learned counsel for the respondents if the Department would consider giving relaxation to the petitioner and other similarly placed candidates for any advertisement that may be issued for the subject vacancy in the future. Learned counsel for the respondents states that he may be permitted to obtain instructions from the Department.
5. While obtaining instructions, learned counsel for the respondents shall also indicate a timeline within which a fresh advertisement would be issued by the Department for filling up the subject vacancy.
6. At the request of learned counsel for the respondents, list on 29.10.2018."
5. A counter-affidavit has been filed by the Respondents in which inter alia the reasons for cancelling the entire selection process has been set out. In an internal communication dated 18th November 2017, enclosed with the counter-affidavit as Annexure A-12, the following discrepancies in the selection process were highlighted:
"(a) Vacancy not fixed correctly as per reservation roster for Washerman and Chowkidar categories which has resulted in candidates getting misled with regard to eligibility and number of vacancies for each category.
(b) The guidelines for civilian Recruitment Group "C" has not been followed as fair chance was not given to all candidates by asking for character certificate from police at the time of submission of application. This has resulted in rejection of a very large number of applications.
(c) Question paper is of high std. not commensurating with minimum academic qualifications."
6. Mr. Arun Bhardwaj, learned counsel for the Respondents, states that in addition to the above three reasons, one more reason was that no typing test was held in te
