Systemic irregularities found in the recruitment process justify its cancellation, outweighing individual candidate rights.

JUDGMENT : 

PRATEEK JALAN, J.

1. The petitioner applied for the post of Technical Assistant in respondent No. 2 – Delhi Pharmaceutical Sciences and Research University [“the University”], pursuant to an advertisement issued on 29.10.2022. He is aggrieved by a notification dated 02.06.2025, by which the entire recruitment process has been cancelled “due to administrative reasons”.

2. The advertisement in question included a total of 45 vacancies across 11 non-teaching posts under the University, including 5 posts at the level of Technical Assistant. The detailed recruitment advertisement provided the essential qualifications for each post, including the post of Technical Assistant. The vacancies for the post of Technical Assistant comprised four posts in the School of Allied Health Sciences [“SAHS”] and one post in the School of Physiotherapy [“SoP”]. The qualifications provided for the post were as follows:

“Educational Qualification:

Essential:

B.Sc. in Science (PCM/PCB)/Bachelor degree in Pharmacy/Allied Health Sciences from a recognized University/Board or equivalent with 04 years Industrial/Lab Experience in desired trade.

or

Two years State Board Diploma or equivalent in the relevant Pharmacy/Allied Health Sciences subject/field with 05 years of Industrial/Laboratory Experience in the relevant trade.”

3. In the advertisement, the University provided inter alia the following general instructions:

“2. The vacancies advertised are provisional and liable to vary (increase or decrease). In case the vacancy position is reduced to any number or even zero due to any circumstances, University will not be liable to compensate the applicant for any consequential damage/loss.

3. The University reserves the right to cancel or modify the advertisement or part of it at any stage. The number of vacancies is provisional and subject to change.

4. The University reserves the right to cancel a part or entire process of examination or a part of it due to administrative reasons and in case of unfair means, cheating or other irregularities/ malpractice noticed by the University. The University also reserves the right to cancel or set up a new examination Centre and divert the candidates to appear at that examination Centre if required.”[Emphasis supplied.]

4. The petitioner applied for the post of Technical Assistant, and appeared in an online test on 04.02.2023. The selection was to be made through a computer-based examination followed by a skill test/laboratory test. He was thereafter called for the skill test and was asked to submit documents.

5. By the impugned communication dated 02.06.2025, the recruitment process, for all the posts in question, has been cancelled. The notification does not contain any detailed reason, but only refers to “administrative reasons”.

6. In order to examine the reasons for which the recruitment was cancelled, the Court called for a counter affidavit to be filed by the University.

7. The counter affidavit dated 14.08.2025, filed by the University, discloses the following reasons for cancellation:

“7. That it is submitted that there have been infirmities in the recruitment process in the university during the tenure of the Ex-Vice Chancellor and in view of that Department of technical education and vigilance department, GNCTD has raised doubt about the recruitment of faculties in the university by the then Vice Chancellor and the advertisement for the various post of non-teaching staff i.e. group B and C was made during the tenure of the Ex- Vice Chancellor. 8. That it is submitted that the Deputy Director (Vigilance), Directorate of Training and Technical Education (DTTE), GNCT of Delhi, vide letter No.F.3(1272)/DTTE/Vig./2020/Shadow file/213-220 dated 17.02.2024, addressed to the then Vice Chancellor of DPSRU (who was also holding additional charge of DPSRU in addition