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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ASHUTOSH KUMAR, ARUN DEV CHOUDHURY
Union of India Rep. by the Secretary, Ministry of Defence, New Delhi – Appellant
Versus
Bijay Singh S/o Late Omprakash Singh – Respondent
JUDGMENT :
ASHUTOSH KUMAR, CJ.
1. We have heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India for the petitioners and Mr. A. Ahmed, learned Advocate for the respondents.
2. The challenge in the present petitions is to the order dated 06.05.2019 passed by the Central Administrative Tribunal (hereinafter to be referred as ‘Tribunal’), Guwahati Bench, whereby the public examination held for the post of Mate (SSK) in the office of the HQ 137 Works Engineers, Dimapur, Nagaland has been cancelled and the authorities of the petitioners have been directed to hold examination afresh for such posts. The Tribunal has further recorded that if some candidates have been selected and posted pursuant to the afore-noted examination, they shall be allowed to continue till completion of the selection process, as directed, for filling up the advertised vacancies. It was made clear that in the fresh exercise for selection, the candidates would be served with due notice within a period of four months from the date of receipt of the copy of the order of the Tribunal.
3. The Directorate General (Pers.), Military Engineer Services, Ministry of Defence had issued an employment notice [EN No.34
Cancellation of public examinations must be justified by systemic irregularities; isolated issues like double admit cards do not warrant such drastic measures.
A candidate's right to selection cannot override the necessity for a fair examination process; substantial evidence of systemic irregularity justifies cancellation of examination results.
(1) Constitutional values which undergird Articles 14 and 16 mandate that selection processes conducted by public authorities to make recruitments have to be fair, transparent and accountable.(2) Whe....
An examination can only be cancelled if there are systemic irregularities; isolated incidents do not justify re-examination if tainted candidates can be segregated from untainted ones.
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
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