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NIKHIL S. KARIEL
Dipendrasingh Ashoksingh Thakur – Appellant
Versus
Oil And Natural Gas Corporation Limited – Respondent
| Table of Content |
|---|
| 1. hearing of cases and petitioner's challenge (Para 1 , 2 , 3) |
| 2. recruitment advertisement and process overview (Para 4) |
| 3. petitioners' claims of arbitrariness (Para 5) |
| 4. respondents' defense of the cancellation decision (Para 6) |
| 5. reiteration of petitioners' counterarguments (Para 7) |
| 6. legal principles from supreme court precedents (Para 8 , 9) |
| 7. examination of the cancellation reasons (Para 10) |
| 8. court's view on arbitrariness of the decision (Para 11 , 12) |
| 9. conclusions and directions issued by the court (Para 13 , 14) |
| 10. outcome and orders of the court (Para 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 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
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 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.
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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