The cancellation of a recruitment process by the state is valid if based on administrative reasons and does not violate candidates' rights under Articles 14 and 16 of the Constitution.

JUDGMENT :

1. Heard Mr. K.N. Choudhury, learned senior counsel for the petitioners assisted by Mr. M Das, learned counsel for WP(C) 217/2024, WP(C) No.5450/2022, Mr. M K Choudhury, learned senior counsel assisted by Mr. P Bhardwaj, learned counsel for the petitioners in WP(C) No.7269/2021 and Mr. D S Deka, learned counsel for the petitioners in WP(C) No.7272/2022, Mr. MU Mahmud, learned counsel for the petitioners in WP(C) No.8211/2022 and Mr. M Sarma, learned counsel for the petitioners in WP(C) No.336/2023.

2. These batches of writ petitions are taken up together for final disposal, as the cause of action for filing such writ petitions, the challenges made, and the issues involved are similar.

3. The petitioners are unemployed youth, and they participated in a selection process conducted by the Education Department for filling up Grade-III and Grade-IV posts by way of two advertisements dated 28.02.2019 (hereinafter referred to as the Advertisements dated 28.02.2019).

4. Under the aforesaid advertisements, the petitioners applied against different categories i.e, Grade – III and Grade-IV, the details of which are not recorded herein, as it is not very relevant for the determination of the issues involved since the petitioners are aggrieved by a decision of the Special Commissioner of the Elementary Education Department, dated 09.11.2021, whereby, the recruitment process initiated under the advertisements dated 28.02.2019 was cancelled with a decision to start a fresh recruitment process including certain new vacancies.

5. Another challenge made in these writ petitions is an order dated 15.11.2021, passed by the Director of Elementary Education pursuant to the determination made by the Special Commissioner under the impugned order dated 09.11.2021.

6. Yet another challenge is the subsequent advertisement dated 25.03.2022, issued by the State Level Recruitment Commission for filling up of different Grade-III and Grade-IV posts, including the posts advertised under advertisements dated 28.02.2019.

7. To deal with the aforesaid challenges, let this court first record the essential facts in a nutshell.

I. On 28.02.2019 the Director of Elementary Education issued two advertisements for filling up of various posts of Grade-III & Grade-IV respectively under the Department of Elementary Education, Assam.

II. While the recruitment process was going on, WP(C) 2370/2020 was filed by some of the candidates challenging the recruitment process based on certain news paper reports that there were large-scale anomalies in the selection process. This court under its order dated 09.06.2020, passed in the said writ petition, directed the respondents not to publish any select list of Grade-IV.

III. Another writ petition i.e. WP(C) 2699/2020 filed, in which, this court under its order dated 13.07.2020, though declined to restrain the respondent authorities from going ahead and finalizing the selection process, however, balancing the equities, asked the respondents not to publish the select list without leave of the court.

IV. While the writ petitions were pending, on 04.09.2020, the Commissioner & Secretary to the Govt. of Assam in Elementary Education Department conveyed its approval to the Director, Elementary Education to publish the result of written examination to the post of Grade-III & Grade-IV as per the existing rules and procedures, taking leave of the court before publication of the select list. Thereafter, the Commissioner & Secretary, once again, instructed the Director of Elementary Education, Assam, that as the government has already granted approval, the Director should publish the result of the written examination, so that the entire recruitment process could be completed.

V. At that stage, some other candidates preferred a writ petition registered as WP(C) 226/2021, seeking a direction to declare the result of the written examination. This court, under its order dated 20.01.2021, asked the respondents to apprise the court about the status of