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PANKAJ MITHAL, ANOOP KUMAR DHAND
Kritika Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - This order will govern the disposal of D.B. Special Appeal (Writ) Nos.1130/2022, 1131/2022 and 1132/2022 since it is jointly submitted by the parties that these special appeals involve common issue in the identical fact situation. The issue involved in these appeals is 'whether the candidates who have applied does have any legal right to insist the authority that the recruitment process set in motion be carried out to its logical end'?
2. Vide impugned judgment dated 27.08.2022, the learned Single Judge dismissed the writ petitions submitted by the appellants by granting liberty to the respondents to make regular appointment / selection in accordance with law and till regularly selected candidates are made available, the services of the appellants shall not be discontinued.
3. The facts of the case are that the appellant/writ petitioners (hereinafter referred as 'the petitioners') participated in the process for selection initiated by the Rajasthan University of Health Sciences (for short 'RUHS') by issuing advertisement dated 10.12.2015 for holding selections for the posts of Professor, Associate Professor, Assistant Professor, Senior Demonstrator (Cl
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.
The State's authority to cancel a selection process can be judicially reviewed on the touchstone of reasonableness, and the cancellation must be based on relevant factors and not mala-fide or arbitra....
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.
(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....
The judgment emphasizes the statutory requirement for rules to have binding effect and the need for publication in the official gazette. It also highlights the limited scope for interference under Ar....
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