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NIKHIL S. KARIEL
Dipendrasingh Ashoksingh Thakur – Appellant
Versus
Oil And Natural Gas Corporation Limited – Respondent
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 in all the petitions on behalf of the respondents.
3. With the consent of parties, the present petitions are taken up for final hearing.
3.1. At the outset, it would be relevant to mention that the present petitioners challenge the very self-same decision of the respondent Corporation whereby the respondents had cancelled recruitment for paramedical
posts and hence, all the writ petitions are taken up for final hearing together.
3.2. The facts of Special Civil Application No.3532/2022 are being referred to for the purpose of the present decision.
4. The respondent Corporation vide advertisement no.1/2019 had notified recruitment for non-executives on regular basis for the Western Sector – Gujarat State. While vacancies for a total of 35 posts had been advertised, the present petition is concerning the advertisement for paramed
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.
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....
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
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