IMPORTANT POINT
Candidates do not acquire rights to appointment until they are actually appointed, and the recruitment process can be canceled at the employer's discretion.

JUDGMENT :

Nirzar S. Desai, J.

1. Since, the issue involved in all these matters is common, with the consent of the learned Advocates for the parties, the same are taken-up for final hearing and disposal together, today.

1.1 RULE. Learned AGP, Ms. Pancholi, waives service for the Respondents in each matter.

2. By way of these petitions, the petitioners have challenged the decision to cancel the Advertisement No. 178/2018-19, issued by the Gujarat Subordinate Services Selection Board-Respondent No.2 herein, for the purpose of recruitment on the post of Supervisor Instructor (Beauty Culture and Hair Dressers Group). The petitioners have also prayed that the Respondents be directed to proceed further with the recruitment process, in connection with Advertisement No. 178/2018-19, from the stage, from where, it was canceled.

3. It is the case of the petitioners that they all applied for the post of Supervisor Instructor (Beauty Culture and Hair Dressers Group), pursuant to the Advertisement No. 178/2018-19, and they all cleared the written examination, as well. Pursuant thereto, the petitioners also appeared in the computer proficiency examination, but, the result of the same was never declared and abruptly, the entire recruitment came to be canceled, later on. Hence, the petitioners have filed the present petitions, challenging the aforesaid action on the part of the Respondents.

4. At the outset, learned GP, Mr. Virk, appearing with learned AGP, Ms. Pancholi, and learned AGP, Mr. Pathak, for the Respondents submitted that the issue, which is being agitated by way of these petitions, has already been decided by the Coordinate Bench of this Court vide order dated 05.08.2021, passed in Special Civil Application No. 9001 of 2021. When the aforesaid order was carried in appeal, by way of Letters Patent Appeal No. 915 of 2021, the Division Bench of this Court confirmed the order of the Coordinate Bench of this Court vide order dated 26.10.2021 and dismissed the same. It was, thereby, submitted that the res-judicata is operating against the present petitioners, as far as the issue under challenge in these petitions is concerned, which has attained finality. It was, therefore, prayed that this Court may not entertain this petition and the same may be dismissed.

5. On the other hand, learned Advocate, Mr. Gadhvi, appearing for the petitioners, though, made arguments at length, he could not dispute the fact that the issue involved in these petitions has already been decided by the Coordinate Bench of this Court vide order dated 05.08.2021 and the same has also been confirmed by the Division Bench of this Court vide order dated 26.10.2021. It was, therefore, prayed that this Court may pass the appropriate orders.

6. Having heard the learned Advocates for the parties and having perused the material on record, since, it is not in dispute that the issue involved in these petitions is squarely covered by the decision of the Coordinate Bench of this Court dated 05.08.2021, rendered in Special Civil Application No. 9001 of 2021 and the same is confirmed by the Division Bench of this Court vide order dated 26.10.2021, rendered in Letters Patent Appeal No. 915 of 2021, this Court is not required to examine the grievance or the issue raised by the petitioners in these petitions, afresh.

6.1 At this stage, it would be profitable to refer to the observations made by the Division Bench of this Court, while disposing of Letters Patent Appeal No. 915 of 2021, vide order dated 26.10.2021, which read thus;

“3. It appears that for the purpose of recruitment to the post of Supervisor- Instructor (Beauty Culture and Hair Dresses Group) respondent No.2, the Gujarat Subordinate Service Selection Board issued advertisement No.161/2018-2019 to 180/2018-2019 covering different post in which advertisement No.178/2018-2019 was for the aforesaid category of post. The petitioners applied and participated in the process. The competitive examination was held as per the prescripti