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HEMANT M. PRACHCHHAK
Harishsinh Arjunsinh Gurjar – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India for quashing and setting aside the recruitment/selection procedure of respondents No.2 to 5 as clerk in the Bank since the same is null and void and is followed without due procedure of law.
2. Brief facts of the present petition are that one of the Director of the Bank wrote a letter to respondent No.8 requesting to direct the Bank to furnish details of recruitment for the post of clerk and the Director had submitted an application in the meeting of the Board of Directors for furnishing details of recruitment, which came to be denied by respondents No.6 and 7. It is the case of the petitioner that respondent No.7 has addressed a letter to the Board of Directors that they cannot furnish information in view of Sections 84 and 33 of the Gujarat Cooperative Societies Act. It is the case of the petitioner that he sent a legal notice to respondent No.7 and other Board of Directors for cancellation of selection procedure and for taking legal action against respondents No.2 to 5. That respondent No.8 wrote a letter to respondent No.7 stating to furnish documents in respect of rec
The main legal point established in the judgment is that the petition filed under Article 226 of the Constitution was not maintainable as the respondent authority was not amenable under the writ juri....
Point of Law : There could be cases where allegations of malpractices, corruption, fraud etc are made in the selection process and the same would require some amount of proper enquiry and a mere summ....
Public recruitment processes must ensure fairness and legality, with allegations of irregularities requiring substantial proof to warrant judicial intervention.
Cooperative banks must ensure recruitment processes safeguard public interest through transparency and integrity by using independent agencies.
Point of Law : If appointment itself is in infraction of rules, such an illegality cannot be regularized. Ratification or regularization is possible of an act which is within power and province of au....
The failure to notify all candidates for interviews in a recruitment process constitutes a violation of natural justice, warranting the quashing of the selection process.
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