JUDGMENT :

BIREN VAISHNAV, J.

1. These Letters Patent Appeals are filed by the Oil and Natural Gas Corporation Limited challenging the oral judgment dated 08.12.2023 passed by the learned Single Judge. By the aforesaid oral judgment, the learned Single Judge set aside the decision of the appellants dated 01.02.2022 by which they canceled the recruitment for certain posts in the Corporation. The learned Single Judge has further directed the Corporation to forthwith continue with the selection process from the stage it had been cancelled and issued directions that if the respondents who were the original petitioners, fulfill all the criteria, such respondents shall be granted appointment and be paid salaries for the respective posts from the date of filing of these petitions.

2. In paragraph no.14.4 of the judgment, the learned Single Judge while directing the Registry to send a copy of the judgment to the Secretary, Ministry of Petroleum for information has directed that action be initiated against the concerned officer for having indulged in taking a decision of cancellation of recruitment at the behest of the Union.

3. Facts in brief are as under:

3.1 The Oil and Natural Gas Corporation Limited, in the year 2019 issued advertisement no.01/2019 for various posts for the Western Sector, Gujarat State. Amongst the positions advertised for were that of Pharmacists Grade-4, Nurse Grade-4 and Junior Health Attendant. Pursuant to the advertisement, the respondents herein had applied for the respective posts. It is the case of the petitioners that the appellants after issuing a final merit list and after physical verification of the documents of the shortlisted candidates including the petitioners, the respondents herein, after three years of the issuance of the advertisement, cancelled the recruitment process for the said posts only. It is the case of the petitioners that after physical verification of the documents in January 2020, since the candidature of some of the respondents was rejected on the ground of not possessing domicile certificates, the aggrieved candidates had preferred Special Civil Application No.2054 of 2020 and allied petitions. By an order dated 27.02.2020, this Court directed the respondent authorities to consider the domicile certificates as valid and further issued specific directions to the appellants to complete the recruitment process within 12 weeks from the date of passing of the order.

3.2 It is the case of the petitioners who are the respondents herein that the appellants started implementing the directions for other posts in the advertisement but differed the issuance of appointment orders concerning the present post in question. When RTI applications were filed, it was informed to the candidates that the process is still pending consideration. The appellants then preferred an application for extension of time and by an order dated 18.06.2021 time was granted to complete the exercise till 15.07.2021. Since the recruitment process was not completed, the respondent filed a Misc. Application seeking compliance of the directions. It was during the course of the application by the petitioners seeking compliance that the appellants filed a reply stating that the management had considered and decided to cancel the recruitment process for the posts in question. On a notification being issued on 01.02.2022, the petitioners approached this Court by filing the petitions challenging such cancellation of recruitment process on the ground that the notification cancelling the recruitment process was arbitrary.

3.3 Since LPA No.139 of 2024 was argued as the lead matter, in the petition from which this Letters Patent Appeal arises, the prayers read as under:

“(A) Your Lordships may be pleased to admit and allow the present petition;

(B) Your Lordships may be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the notification/order dated