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NIKHIL S. KARIEL
Dipendrasingh Ashoksingh Thakur – Appellant
Versus
Oil And Natural Gas Corporation Limited – Respondent
| Table of Content |
|---|
| 1. parties represented in court for recruitment challenge. (Para 1 , 2 , 3) |
| 2. background of recruitment process and its cancellation. (Para 4) |
| 3. petitioners argue against arbitrary cancellation of recruitment. (Para 5) |
| 4. respondents defend cancellation citing economic reasons. (Para 6) |
| 5. petitioners rebut respondents' claims regarding recruitment status. (Para 7) |
| 6. court examines legal rights concerning recruitment appointments. (Para 8 , 9) |
| 7. court scrutinizes the basis for recruitment cancellation. (Para 10) |
| 8. decision deemed arbitrary and inappropriate. (Para 11) |
| 9. senior management's actions criticized for lack of transparency. (Para 12) |
| 10. court articulates need for fair and rational recruitment processes. (Para 13) |
| 11. court quashes cancellation and mandates continuation of recruitment. (Para 14 , 15) |
JUDGMENT :
1. Heard learned advocate Mr.Vikas Nair with learned advocate Ms.Rajvi Patel, learned advocate Mr.Ekrama Qureshi, learned advocate Mr.Zubin Bharda with learned advocate Ms.Disha Pandya for the petitioners and learned advocate Mr.Rituraj Meena on behalf of the respondents.
2. Issue Rule returnable forthwith. Learned advocate Mr.Meena waives service of rule
The State's decision to cancel recruitment must be bona fide and non-arbitrary; candidates do not have an absolute right to appointment despite being placed in the merit list.
Decisions affecting public employment must be lawful and justified, with candidates not holding an indefeasible right to appointment, but protected from arbitrary state actions.
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
The recruitment process cannot be altered post-advertisement; candidates retain rights if the selection was conducted properly.
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
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