IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI
Manju M – Appellant
Versus
State Of Kerala Represented By The Chief Secretary – Respondent
| Table of Content |
|---|
| 1. cancellation of recruitment due to change in service rules. (Para 1 , 2) |
| 2. procedural background and interim protection granted by court. (Para 3 , 4) |
| 3. applicability of recruitment rules regarding age and selection rights. (Para 5 , 6 , 7 , 8) |
| 4. non-interference in administrative examination conduct and factual disputes. (Para 9) |
JUDGMENT :
T.R. Ravi, J.
The petitioners had applied for selection and appointment to the post of Clerk Gr.I in the 4th respondent Bank pursuant to Ext.P1 notification dated 15.11.2019 issued by the 5th respondent. During the pendency of the selection process initiated as per Ext.P1 notification dated 15.11.2019, the Kerala Co-operative Bank Recruitment Rules 2021 were notified on 04.08.2021. A true copy of the relevant pages of the above notification has been produced as Ext.P4 in the writ petition. The Rules are prospective. Category 11 in Ext.P4 is Clerk/Cashier. Under Ext.P4, there is no post of Clerk Gr.I. The 5th respondent thereafter issued Ext.P5 notification on 15.06.2022, whereby it was notified that the selection process pursuant to the notification dated 15.11.2019 stands cancelled, since under the new Recruitment Rules to the
N.T. Devin Katti & Ors. v. Karnataka Public Service Commission & Ors.
Pavithran V.K.M. & Anr. V. State of Kerala & Ors.
State of Himachal Pradesh V. Raj Kumar
Deepak Agarwal v. State of U.P.
Candidates do not have an absolute vested right to the completion of a recruitment process under repealed rules when substantive policy changes occur. Courts will not adjudicate factual disputes rega....
The legitimacy of employment selections cannot be challenged solely based on familial relationships unless sinister motives or procedural violations are demonstrated.
The Tribunal exceeded its jurisdiction by assessing candidates' qualifications instead of deferring to the Selection Committee's discretion, and the aggrieved candidate's failure to challenge the adv....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Candidates in Ranked Lists retain rights for appointments post-amalgamation of District Banks, and authorities must act fairly by assessing existing vacancies and complying with statutory recruitment....
Point of Law : There could be cases where allegations of malpractices, corruption, fraud etc are made in the selection process and the same would require some amount of proper enquiry and a mere summ....
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.
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.(2) Ap....
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